명의개서절차 이행 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. A. Around June 2017, the Plaintiff lent money to Nonparty C (hereinafter “C”) and on March 16, 2018, the Plaintiff and C drafted a letter of commitment to secure a claim with the purport that the said loan will provide the shares listed in the separate sheet owned C (hereinafter “instant shares”) as security for transfer.
On May 16, 2018, the Plaintiff and C drafted a share sales contract with the purport of selling the pertinent shares to the Plaintiff. On the same day, C concluded a transfer contract with the Plaintiff on May 16, 2018, with the entirety of the instant shares outstanding at KRW 2.79,959,000 to the Plaintiff as a share sales contract agreement with the Plaintiff on May 16, 2018. The Plaintiff and C promised not to raise a civil or criminal objection even if C fails to repay the said shares at least once in accordance with the agreed date or fails to repay the said shares to the amount of redemption due to the Plaintiff’s voluntary disposal of the shares. C prepares a letter of commitment that “When C redeems the Plaintiff in full within the repayment period, the share sales
B. On October 2, 2018, C transferred the instant shares to Nonparty D Limited Liability Corporation (hereinafter “D Limited Liability Corporation”), and around October 5, 2018, C notified the Defendant of the transfer by means of a certificate with a fixed date.
On October 25, 2018, the Defendant implemented the transfer procedure to change the name of shareholders on the shareholder registry to D Limited Liability Corporation.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, Eul's 1 through 4 (including each number, if any), the purport of the whole pleadings
2. Determination on the cause of the claim
A. The gist of the Plaintiff’s assertion C, upon receiving a loan from the Plaintiff, provided the instant shares as security for transfer, and failed to repay the loan thereafter, the instant shares were reverted to the Plaintiff.
Therefore, the defendant shall implement the transfer procedure to change the name of shareholder on the shareholder registry of the instant shares to the plaintiff.