(영문) 청주지방법원 2018.08.08 2018가합3370

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2018.08.08 2018가합3370

주식명의개서절차이행 등

Text

1. Defendant B: A.

The Plaintiff shall express his/her intent to transfer the shares listed in the attached list to the Plaintiff.

Defendant.

Reasons

1. Facts of recognition;

A. On June 19, 1989, the Plaintiff: (a) established Defendant C Co., Ltd. (former trade name: D Co., Ltd.; hereinafter “Defendant Co., Ltd”); (b) asked Defendant B to become promoters and shareholders in the name of the company; and (c) held title trust of 2,500 shares out of 12,50 shares of the Defendant Co., Ltd.

B. According to the capital increase issued by the Defendant Company, the Plaintiff additionally held the shares 5,000 shares of the Defendant Company around 1991, around 13,00 shares around 192, around 13,268 shares around 1995, and around 16,872 shares around 196. The shares held in title trust by the Plaintiff to the Defendant Company B were totaled of 50,640 shares around 196.

C. Since then, the Defendant Company divided and merged with the Company E and allocated 506 shares out of the shares held in title by the Defendant Company E, and 870 shares out of the shares held in title by the Defendant Company E were reduced, and the Defendant Company divided and divided the Company F, and allocated 29,260 shares out of the shares held in title by the Defendant Company F, to F, Co., Ltd. on May 2001, the shares held in title by the Plaintiff to the Defendant Company B were totaled 20,004 shares (50,640 shares - 506 shares - 29,260 shares).

[Reasons for Recognition] Defendant B: Defendant Company having no dispute: deemed a confession (Article 150(3) and (1) of the Civil Procedure Act)

2. According to the facts of the above recognition, the plaintiff is under title trust with the defendant Eul's shares 20,004 shares as stated in the separate sheet, and the fact that the complaint of this case that the defendant Eul expressed his intention to terminate the title trust of shares was served on the defendant Eul is clear in the record. As such, the defendant Eul has the duty to notify the plaintiff of the intention to transfer shares as to the shares listed in the separate sheet and notify the defendant company of the transfer of shares, and the defendant company has the duty to implement the procedure to change the shareholder's name as to the shares listed in the separate sheet to the plaintiff according to the notice of transfer of shares as stated in

3. Conclusion.

참조조문

-민사소송법 제150조 제3항

유사 판례

-서울남부지방법원 2018.07.13 2017가단245273

-대구지방법원 서부지원 2017.01.26 2016가단52610

-서울동부지방법원 2016.05.31 2015가단134918

-서울중앙지방법원 2016.05.12 2015가합576042

-서울남부지방법원 2015.10.23 2015가단226155