주주명부명의개서이행 청구의 소
1. All appeals by the defendant and the independent party intervenor are dismissed;
2. The portion resulting from the principal lawsuit out of the costs of appeal.
1. The reasoning of the court of the first instance’s explanation concerning this case is as stated in the part of the first instance judgment, except for the following determination as to this case, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The defendant and the intervenor asserted as follows.
1) On October 2012, entered into between the intervenor and the plaintiff, pursuant to the agreement (Evidence 7) and the agreement (Evidence 8-1) entered into between the intervenor and the plaintiff on November 2012, 2012, the defendant borrowed KRW 1.8 billion against D from the L Co., Ltd., the representative director of which D is the defendant, and the intervenor jointly and severally guaranteed the defendant's above loan obligation. Upon repayment of D, D transferred each of the shares of this case to the plaintiff in violation of the above agreement. Thus, since D transferred each of the shares of this case to the plaintiff in violation of the above agreement, it is not effective as a contract for transfer of each of the shares of this case entered into between D and the plaintiff, it is deemed that the intervenor received each of the shares of this case in accordance with the agreement between D and the plaintiff, first of all, around October 2012 between D and D. < Amended by Presidential Decree No. 23600, Oct. 1, 2012>
Around October 2012, the Intervenor agreed to transfer the shares of this case to the intervenors at the same time as D received a payment guarantee certificate of KRW 2.5 billion from F Co., Ltd. Around October 2012, the Intervenor agreed to transfer the shares of this case to the intervenors. The agreement was to take effect upon obtaining a payment guarantee certificate of KRW 2.5 billion from D until October 24, 2012, and the Intervenor failed to issue a payment guarantee certificate of KRW 2.5 billion to D within the said period. As seen earlier, the Intervenor was unable to implement the agreement with D on wind, which is confined to the Net Prison on October 18, 2012.
The person is called "the person is the person."
(C) On March 28, 2017, each of the instant cases concluded around October 2012 between the Intervenor and D, according to the above facts of recognition.