주주지위확인 등
1. All of the plaintiff's claims that are changed in exchange at the trial are dismissed.
2. The Plaintiff’s total costs of litigation.
1. Basic facts
A. 1) Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”).
(2) As a company established on April 6, 201 with the purpose of multi-family housing management business, etc., the representative director at the time of establishment was the Plaintiff. (2) The Plaintiff resigned from the representative director on May 9, 201, and Defendant B was the representative director on the same day.
B. On November 18, 2014, between Defendant B and H, the share transfer and takeover contract (Evidence A No. 4-1) was drafted as indicated below. 1. transferor (H; hereinafter the same shall apply)
On November 18, 2014, the transferee (Defendant B; hereinafter the same shall apply) determined the price for the shares indicated below, which is the shares held by the transferor, as KRW 67,500,000 on a daily basis.
A transfer to another person and the transferee have acquired the shares. [The name of the company indicating the transfer and acquisition of shares: The type and number of shares acquired by transfer to D Co., Ltd.: the amount of 1 share of common shares: 10,000 won
2. The transferee paid 67,500,000 won to the transferor at the time of the conclusion of this contract, and the transferor received this regularly.
3. Since the transferor has all authority over the shares to be transferred, the transferor cannot do all the acts of objection or interference with the transferee in exercising the share certificates.
2) On November 20, 2014, between the Plaintiff and Defendant C, the share transfer and takeover contract (Evidence A No. 4-2, hereinafter “instant transfer contract”) as indicated below is concluded between the Plaintiff and the Defendant C.
1) Defendant C was registered as an intra-company director of the Defendant Company on November 19, 2014. 1. The transferor (the plaintiff; hereinafter the same shall apply)
On November 18, 2014, the transferee (Defendant C; hereinafter the same shall apply) determined the price for the shares indicated below, which is the shares held by the transferor, as KRW 100 million.
A transfer to another person and the transferee have acquired the shares. [The name of the company indicating the transfer and acquisition of shares: The type and number of shares acquired by transfer to D Co., Ltd.: the amount of 10,000 common shares: 10,000 won
2. The assignee shall pay the transferor the amount of KRW 100 million, at the same time as this contract is concluded.