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(영문) 서울중앙지방법원 2017.11.29 2017가단5152134

주권인도 등 청구의 소

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1. Defendant B shall deliver to the Plaintiff the share certificates listed in the separate sheet.

2. The plaintiff's defendant C.

Reasons

1. Determination as to the claim against the defendant B

A. In fact, on February 8, 2017, the Plaintiff entered into a share acquisition agreement with Defendant B to take over the shares listed in the separate sheet (hereinafter “instant shares”) issued with Defendant B at KRW 30 million (hereinafter “instant agreement”) and paid the said price in full to Defendant B.

[Reasons for Recognition] Confession (Article 150(3) of the Civil Procedure Act)

B. Defendant B is obligated to deliver the share certificates of this case to the Plaintiff pursuant to the instant contract.

2. The plaintiff asserts that the judgment on the claim against the defendant company should seek implementation of the transfer procedure because he/she acquired the shares of this case and has the status as the shareholder of the defendant company.

The right to request for a change of ownership is a right to demand that the person who acquired the registered shares enter his/her name, address, etc. on the registered shares in the register of shareholders on the basis of the shareholder's right to the company, and to demand that the person who acquired the registered shares enter the registered shares in the register of shareholders (see, e.g., Supreme Court Decision 2009Da89665, Oct. 14, 2010). The transfer of the shares issued is made by an agreement between the parties to the transfer and the delivery of share certificates (Article 366(1) of the Commercial Act). In the event the person who acquired the registered shares in the extension of such principle requests a change of ownership, the person who acquired the registered shares

(See Supreme Court Decision 94Da25735 delivered on July 28, 1995, etc.). However, it is obvious that the Plaintiff did not receive the share certificates of this case by itself.

The plaintiff's claim against the defendant company cannot be accepted in itself, since it is not a shareholder nor can it present the share certificates of this case because it has not yet acquired the shares of this case.

3. Conclusion.