명의개서청구
1. The defendant shall change the name of the shareholder in the register of shareholders to the plaintiff as to the entry in the attached list.
1. Basic facts
A. On January 10, 2008, Defendant Company was established for the purpose of running agricultural and fishery products sales and distribution business, etc., issued stocks were 10,000 shares, and C, a director of the Defendant Company, owned 5,100 shares, and auditor D owned 4,90 shares.
B. On December 24, 2010, while serving as a member of the Defendant Company, the Plaintiff entered into a share transfer contract (hereinafter “instant share transfer contract”) with C on December 24, 2010 to purchase KRW 10 million ( KRW 2,600,000, totaling the 400 shares and 1,600 shares) of the said shares owned by C and the said shares owned by D on December 27, 201, the Plaintiff paid KRW 200,000 to D on December 27, 2010 (hereinafter “instant shares transfer contract”). On December 27, 2010, the Plaintiff paid KRW 200,000 to C as share purchase price and KRW 8 million to D.
C. On January 10, 201, the Plaintiff was registered as an internal director on January 19, 201 on the corporate register of the Defendant Company, but resigned on January 19, 201.
The defendant company did not issue the share certificates until now.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 3, 5, Eul No. 4, the purport of the whole pleadings
2. Determination
A. The transfer of shares before the issuance of share certificates to determine the cause of the claim takes effect only by the share transfer contract, i.e., the agreement between the transferor and the transferee. As such, the transferor, upon entering into a share transfer contract, loses the shares that were the object of the transfer and becomes the transferee and becomes the shareholder upon the transfer.
As such, a person to whom a registered share was transferred prior to the issuance of the share certificates may, without cooperation of the transferor, file a claim for change of holders by proving that he/she has acquired the shares, and the transfer of holders shall be entitled to exercise the rights as a shareholder in relation to the company. < Amended by Act No. 11135, Nov. 29, 2012>