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(영문) 수원지방법원안양지원 2017.09.22 2015가단110933
주식명의개서 청구등
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) was established on March 29, 2001 and is engaged in the test machine and the business of manufacturing and selling automation machinery. Defendant C is the only internal director as the representative of the Defendant Company, and the Plaintiff is a type of Defendant C’s wife.

B. At the time of establishment, the Defendant Company issued 10,00 won per face value of 50 million won per common shares. The Plaintiff was registered as shareholders of 3,100 shares, 2,000 shares per Defendant C and E, 1,000 shares, G, H, and 250 shares, respectively, and completed the process of transferring the said shares, increasing the capital, etc., and the shareholders listed in the register of shareholders of the Defendant Company at each time were listed as follows.

On September 30, 2008, December 31, 2015, 201, on December 30, 2015, Defendant C2,000, Defendant C5,150, Defendant C10,300, Defendant C8,500 E 2,000 E 4,000 K 2,000 K 2,000 K 2,000 H 2,00 I 250 L 1,250 L 1,200 L 70 L 1,200 L 70, 200 G 70, 700 G 1,200 G 70, 200 G 1,700, 200 E 200, 400, 300, 300, 300 N20, 305 N20, 306, 205 N206, 300.

2. The Plaintiff asserts that the shares held in title trust by Defendant C should be returned, and sought implementation of the transfer procedure by changing the name of the shareholder to the Plaintiff on the shares held by Defendant C.

As to this, the Defendants asserted that the lawsuit against the Defendant C is unlawful since the other party to the claim for share transfer is a company.

As the other party to the claim for change of ownership of shares becomes the company that issued the shares, there is no benefit to seek implementation of the above procedure against Defendant C, the nominal holder on the register of shareholders. Thus, the Plaintiff’s claim against Defendant C among the instant lawsuit is unlawful as there is no benefit of lawsuit.

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