주식명의개서절차등에 관한 소
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The following facts do not conflict between the parties, or are recognized by each description of Gap evidence Nos. 1, 2, 4, 8, 9, 10, and Eul evidence Nos. 1, 2, and 10 (including branch numbers where no special indication is made; hereinafter the same shall apply) and the whole purport of the pleadings, and there is no counter-proof.
Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) was established on November 15, 2002 by the Plaintiff and G with the primary objective of manufacturing waste plastics, recycling waste resources, etc., and did not issue the share certificates until now.
B. Since the establishment of the Defendant Company, F (Plaintiff’s wife) was registered as the representative director.
In fact, 80,000 shares issued by the Defendant Company were owned by the Plaintiff 20,00 shares (25%) and G 60,000 shares (75%). However, due to the trust in the shareholder name, the shareholders registry of the Defendant Company held 20,00 shares (25%) and H (G's shares) 14,00 shares (17.5 percent shares), 15,00 shares (G's shares), 19,00 shares (19,00 shares (18.75 percent shares), and J (G's shares) held 12,00 shares (15 percent shares).
C. On March 7, 2003, the Defendant Company entered into a sales contract with the National Agricultural Cooperative Federation on March 7, 2003, by setting the contract amount of KRW 112,300,000,000 on the date of the contract and the remainder of KRW 1.3 million on September 5, 2003, the Defendant Company paid the said down payment of KRW 112,000,000 to the National Agricultural Cooperative Federation on the same day.
Under the condition that F and G transfer the instant factory site to Defendant B, Defendant B shall pay KRW 300 million to F and G.
Defendant B shall take office as the representative director of the Defendant Company on the date of exchange of this Agreement, and when the payment of the transfer price is completed, F and G shall have all the directors and auditors of the Defendant Company.