주식명의개서청구 등
The plaintiff's claim against the defendants is dismissed in entirety.
All costs of lawsuit shall be borne by the plaintiff.
Basic Facts
The Plaintiff was the actual operator of Defendant B (hereinafter “Defendant Company”) and was registered as the representative director of the Defendant Company from November 20, 2001 to February 17, 2005. D is the attached Form of the Defendant Company.
1. 6,400 shares listed in the list (hereinafter “instant shares”) were title trust with the Plaintiff.
On May 2005, the Plaintiff and D have delegated E (the same birth of D) with the authority on the shares of this case in the name of the Plaintiff.
On July 15, 2005, E drafted a share transfer certificate with Defendant C on the instant shares under the name of the Plaintiff, and on December 6, 2005, the representative director of the Defendant Company F notified Defendant C of the consent on the said share transfer.
On May 29, 2008, the Plaintiff was registered as the representative director of the Defendant Company on which D was detained, and on April 24, 2008, the Plaintiff drafted an agreement as shown in the attached Form 2. (No. 13 out of the evidence No. 3) with Defendant C on April 24, 2008.
(hereinafter “instant agreement.” The Plaintiff completed the transfer of ownership of 4,160 shares of the instant shares (hereinafter “part of the instant shares”) pursuant to the instant agreement, but Defendant C asserted that he/she had the right to a part of the instant shares pursuant to Article 4 of the instant agreement, by failing to comply with the conditions prescribed by the said agreement, and filed a lawsuit seeking confirmation of shareholders’ rights, etc. in this court.
The Plaintiff asserted that Defendant C received title trust from the Plaintiff, but the judgment was rendered on December 16, 2010 that “The right to a part of the instant shares is confirmed to Defendant C,” which became final and conclusive around that time.
(hereinafter “Related Judgment”). [The Plaintiff’s assertion of the whole purport of the arguments and arguments by the facts without dispute, Gap’s evidence 1, 3, 6, Eul’s evidence 1, and 3, and the purport of the whole pleadings is as follows: the Defendant C upon the request of the Defendant C in order to withdraw F from the representative director of the Defendant Company.