명의개서 등
1. The defendant shall have the name of shareholders on the list of shareholders as to each of the shares listed in the attached list to the plaintiff.
1. Basic facts
A. On August 22, 2011, C, D, and E determined and transferred to the Plaintiff a total of KRW 7,500 per share (hereinafter “instant shares”) 5,00 per share, total of KRW 37,500,000 per share, and total of KRW 37,50,000 per share.
(hereinafter “instant share transfer contract”). B.
around May 2014, the Defendant drafted a written confirmation with the following contents to the Plaintiff:
“L” is deemed to be a clerical error of “B” corporation. CD EF AG H I J K L
C. Meanwhile, on June 22, 2012, H, I, J, and K acquired the instant shares from the Plaintiff as indicated in the foregoing written confirmation, but around June 2017, upon cancelling the said transfer agreement with the Plaintiff, they delegated the Plaintiff with the authority to notify the Defendant of the cancellation of the transfer contract. Accordingly, the Plaintiff notified the Defendant of the cancellation of the contract by serving a written brief as of July 5, 2017.
The defendant was established on July 29, 2011, but did not issue share certificates as of the date of the closing of argument.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 3, and 8 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings.
2. The assertion and judgment
A. The transfer of shares made before the issuance of share certificates under Article 335(3) of the Commercial Act is effective against the company at the expiration of six months after its incorporation or after the date of payment of new shares. In this case, the transfer of shares takes effect only by the declaration of intention of the parties in accordance with the general principle as to the transfer of nominative claim. The transfer of shares on the register of shareholders under Article 337(1) of the Commercial Act is merely a requisite for setting up against the transferee of shares to exercise the shareholder's rights in relation to the company. Thus, the transferee of shares before the issuance of share certificates can unilaterally request the transfer of shares by proving that he/she
Supreme Court Decision 201Da1448 delivered on May 23, 1995