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(영문) 대구지방법원서부지원 2015.08.21 2015가합800

주주명의 개서절차 이행

Text

1. The defendant is entitled to 18,00 shares out of 64,800 shares on the list of shareholders listed in the separate sheet to the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a company running H in the 29,514 square meters and 10 square meters of forest G G, Gyeong-gun, G, G, and Gyeong-gun, and the current ownership of shares on the register of shareholders as indicated in the attached Form is equal to the number of shares on the register of shareholders and their shares in the attached Form, but does not issue the share certificates until now.

Meanwhile, the plaintiffs are the defendant's shareholders and directors, and F is the defendant's shareholders and the representative director.

B. The Plaintiffs, among the 64,800 shares F in the list of shareholders listed in the separate sheet, held title trust with the Plaintiff A 18,00 shares, the Plaintiff B 4,600 shares, the Plaintiff C 7,600 shares, and the Plaintiff D 4,600 shares (hereinafter “instant shares”) on the list of shareholders, and accordingly, all of the instant shares are registered in the name of F on the list of shareholders.

C. Between the Plaintiffs on March 31, 2014 and September 12, 2014, F and the instant shares are registered as F in the register of shareholders. Since the instant shares are actually owned by the Plaintiffs, the Plaintiffs are entitled to exercise their share certificates according to the actual number of shares, but the entry of a change in the register of shareholders pursuant to the actual shares owned by the Plaintiffs was agreed to be made after capital reduction.

On March 12, 2015, the Plaintiffs, the title truster, expressed to F, the title trustee, an expression of intent to terminate the title trust of the instant shares, and requested the Defendant to change the title on the register of shareholders on the ground of the said declaration, which reached all times.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 9, Eul evidence Nos. 1, 2, 3, 4, and 8 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The alleged plaintiffs are the cause of claim, and even though the title trustee F agreed to transfer the shares held under the prompt condition to reduce the capital of the defendant's shares, the title trustee F does not comply with the plaintiffs' request to convene a temporary general meeting of shareholders or a board of directors on the agenda of capital reduction.