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(영문) 제주지방법원 2017.02.09 2016가합550
주주권확인등
Text

Among the plaintiff's primary claims, the part requesting the E company to implement the transfer procedure is dismissed.

Reasons

1. Facts of recognition;

A. 1) The defendant company is a corporation established on June 22, 2010 for the purpose of wind power generation business, etc., and the defendant D is the representative director of the defendant company, and the defendant C is the director of the defendant company. 2) The plaintiff is the defendant C's punishment.

B. From the time when the Defendant Company was established, the details of the change of shareholders in the list of shareholders are as follows.

Total number of shares issued on the shareholder registry on June 22, 2010: Defendant C (181,000 shares) E Co., Ltd (149,000 shares) on October 18, 2011, Defendant D (89,000 shares) G (30,000 shares) (30,000 shares) on June 17, 2012

C. E Company E (hereinafter “E”) is a corporation established on June 21, 2005 for the purpose of wind power generation projects, etc. and deemed dissolved pursuant to Article 520-2(1) of the Commercial Act (Dissolution of Dormant Company) on December 1, 2015.

The details of shareholders in E’s list of shareholders shall be as follows:

Total number of shares issued on the record date: H (40,000 shares), I (25,00 shares), J (20,200 shares), K (8,000 shares), L (5,00 shares), M (22,00 shares) on October 8, 2009, Defendant C (11,600 shares), K (8,600 shares), K (5,00 shares, 30 shares (5,00 shares), Q20 shares, 40 shares (5,00 shares), 1 (5,00 shares), P (5,00 shares), Q20 shares (5,00 shares), 10 shares (5,00 shares), 10 shares (5,00 shares), 5,00 shares (5,00 shares), 5,00 shares (5,00 shares), 5,000 shares (5,00 shares), 5,000 shares (5,00 shares), 5,000 shares (5,000 shares), 17,0505 shares (3 shares)

2. Judgment as to the main claim

A. The gist of the Plaintiff’s claim is that the beneficial shareholder of each of the instant shares is E, and Defendant C and D are merely those of the form shareholders, since the Plaintiff’s claim purport E fully bears the acquisition price of the Defendant Company

Since the Plaintiff owns 80,000 shares out of 100,000 shares issued by E, the Plaintiff is a major shareholder of E, and the Plaintiff is served with the application for modification of claim and cause of claim as a major shareholder of E.

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