주식양도 무효확인의 소
1. The purchase and sale contract between the Plaintiff and the Defendant for C Shares 8,000 shares was concluded on September 27, 2007.
1. Basic facts
A. On October 28, 2006, the Plaintiff acquired and held 8,000 common shares of D Co., Ltd. (in par value 5,000 won per share).
(2) On November 1, 2006, Plaintiff Company D changed its trade name to C.
(hereinafter referred to as “C”). B.
On September 27, 2007, E with the representative director of C entered into a share transfer contract with the Defendant (the Defendant changed the trade name on December 20, 2007 from “F Co., Ltd.” to “B”, and then changed the trade name on March 26, 2010 to “stock Co., Ltd.”) to “B.” (the Defendant changed the trade name on March 26, 2010 to “stock Co., Ltd.”), whereby all of 306,80 shares, including the instant shares, including the instant shares, were transferred to the Defendant in the position of the agent of the shareholders and the rest of the shareholders (one share transfer price of KRW 19,78,60,00 per share).
C. After that, the Defendant entered the above C Shares 306,80 shares in the register of shareholders as shareholders.
Since then, as of May 20, 2010, the Defendant registered as a shareholder all C’s issued shares as of May 20, 2010.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Gap evidence 8-41, Gap evidence 9, Eul evidence 7, the purport of the whole pleadings
2. The parties' assertion
A. A share sales contract (No. 3) with the Plaintiff and the Defendant as a party to a transaction is not prepared by the Plaintiff’s intent, but is written with the Plaintiff’s seal affixed at will, and thus, it is not a document duly formed.
Therefore, since the transfer of shares based on the purchase and sale contract of September 27, 2007 is not effective, the confirmation of its invalidity is sought.
B. In addition, the transaction that transfers C’s shares to the Defendant was conducted in order to obtain the effect of bypass listing through the Defendant, a listed company, as the listed company, and E is the representative director of C and the largest shareholder, as well as the remaining shareholders including the Plaintiff.