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(영문) 제주지방법원 2019.04.25 2018가합12496

명의개서 절차이행 청구

Text

1. The defendant shall register the list of shareholders as to 150,120 shares in the name of C among the shares listed in the attached list to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and D, around June 2013, acquired the Defendant from E, the Defendant’s shareholder and representative director.

At present, the Plaintiff is a shareholder of 450,000 shares listed in the separate sheet issued by the Defendant (hereinafter “instant shares”). D is a representative director of the Defendant, and D’s spouse is a shareholder of 450,000 shares out of the instant shares.

B. (1) On August 19, 2013, D, with respect to the acquisition of the Defendant, drafted a confirmation memorandum as follows (hereinafter “each of the instant notes”) and issued a notarized deed to the Plaintiff.

The identification note (Evidence A No. 1) on the 900,000 shares acquired by the defendant's shares was 50:50 shares for administrative or tax convenience, and shares were 50:50 shares, but the plaintiff 450,00 shares was actually 63:37, and the plaintiff 567,00 shares and D 33,00 shares were 567,00 shares and the shares were 567,00 shares and 567,00 shares were 33,000 shares and the shares were re-written when there is a future change in shares.

All profits, such as hotels, real estate, etc., or corporate obligations, shall be against the conditions, even if there is any change in mutual shares.

Provided, That the mutual shares shall not be transferred to any person.

However, if the shares are not preserved on personal debt, the agreement on profit or loss by the Ban shall be null and void, and the profit and loss shall be handled in accordance with the shares of 63:37.

If the shares of 50% are externally owned by the Plaintiff, and 117,000 shares in excess of 37% are not preserved as personal debt-related relations, the Defendant, regardless of the amount of damages corresponding thereto, shall be deemed personal and criminal liability for the corresponding amount of damages. B 3.2 billion won, parking lot site 90 million won, remodeling 70 million won, of total investment amounting to 4.8 billion won, the F Association, 2.15 billion won, E-land borrowed money, KRW 450 million, KRW 1.4 billion, KRW 1.4 billion, and KRW 80 billion, and signed and sealed on the Plaintiff’s investment amount, whichever is KRW 90 million.