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(영문) 서울고등법원 2015.02.27 2014나2038355

지분확인 등

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. In the first instance court, the Plaintiff sought confirmation of the shareholder status against the Defendants, and sought implementation of the procedures for share transfer against the Defendant Company B. The first instance court dismissed the claim for confirmation of shareholder status against the Defendant Company B, and accepted both the claim for confirmation of shareholder status against the Defendant Company C and the claim for share transfer against the Defendant Company B.

As the Defendants appealed against this, the subject of the judgment of this court is limited to the Plaintiff’s claim for confirmation of shareholder status against Defendant C and the claim for share transfer against Defendant B.

2. The following facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence 1 to 4, evidence 5-1 to 3 (Evidence 5-3, evidence 12-2, evidence 2-1 to 3, evidence 2-3, evidence 3, evidence 7, evidence 10, and evidence 10, respectively.

Defendant B (hereinafter “Defendant Company”) was established on March 11, 1974 as the total number of shares issued, total amount of KRW 74,000,000, and total amount of KRW 370,000,000, and Party B was employed as the auditor of the Defendant Company from the time of incorporation to February 22, 201, and Defendant C was working as the representative director of the Defendant Company from the time of incorporation to the date of incorporation.

B. On March 23, 1995, the total number of shares issued by the Defendant Company was 94,000 shares, and the total amount of capital was 470,000,000 won, respectively. The register of shareholders of the Defendant Company was written that E and the Defendant C own 47,000 shares out of the total number of shares issued by the Defendant Company, 94,000 shares, respectively.

C. Since May 23, 2003, the Defendant Company issued 86,000 shares with an amount of KRW 5,000 per share as KRW 5,000 (hereinafter “instant shares issued”) and accordingly, on May 24, 2003, the total number of shares issued by the Defendant Company is 180,000 shares.