주주명의개서절차이행 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. C, D, and E are still simplified, and the plaintiff is C's wife.
The defendant is a company established on May 3, 2002 for the purpose of distributing automobile parts, and the capital is KRW 200 million (one share, KRW 10,000, total number of issued stocks, KRW 20,000), and the representative director is E.
B. D, around February 2004, acquired the Defendant Company from F in the amount of KRW 250,000,000, whichever was 100,000 from C and paid to F.
D decided to title trust 40% of its own shares to G which was the representative director at the time of the time, and accordingly F transferred 12,000 shares out of 20,000 shares owned by it on February 18, 2004 in the name of D, respectively, 8,000 shares in the name of G.
C. G resigned on July 1, 2004, and 8,000 shares in G name were transferred to E on June 18, 2004.
D and E, on April 15, 2005, the Plaintiff prepared a share allocation agreement (No. 1; hereinafter “instant share allocation agreement”) with the following contents as follows, and a notary public obtained authentication for a deed signed by a private person under the title of 2133, 2005, the deed of the General Law Office in Honam-nam, Law Firm 2005.
I agree to distribute shares of H Defendant Company at the time of Jeonbuk Kim Jong-si as follows:
A. L. L. L.I.
1. D: 55% of the total stocks;
2. Plaintiff: 35% of total shares.
3. E: 10% of the total shares will be applied to future interests and losses of the company in accordance with the share ratio.
E. On December 9, 2010, D and E: (a) transferred 50 million won of the Defendant’s shares to E; and (b) drafted a written agreement with D to pay 150,000,000 won of the share purchase price to D in cash by December 13, 2010 (Evidence 4-1); (c) drafted a certificate of stock transfer and acquisition (Evidence 3) with the content that D shares owned to 4,000 shares out of 12,000 shares, to E, 8,000 shares, to E; and (d) drafted a certificate of stock transfer and acquisition (Evidence 3) with the content that D shares transferred to E’s wife on the same day.
F. On December 13, 2010, D lent KRW 150,000,00 to E, and E is a notarial deed of a monetary loan agreement with the purport that it shall be repaid to D until December 30, 2011.