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(영문) 인천지방법원부천지원 2019.09.25 2018가합102989
주식인도청구 및 주주명부명의개서이행
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff’s incorporation, etc. of the Defendant Company is a E Co., Ltd. (hereinafter “E”) mainly engaged in the building management business.

(F) Co., Ltd., F (hereinafter “F”)

(1) G Co., Ltd. (Gu H, hereinafter “H”)

Defendant D Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) with the objective of building management as well as around 2007.

(2) Defendant B entered into an employment contract with the Plaintiff around 2008 and served as the representative director of the Defendant Company from October 8, 2008.

Defendant C, the wife of Defendant B, worked as an employee of the Defendant Company since 2010.

B. 1) The Plaintiff, from around August 2013, operated F, H, and Defendant Company’s integrated office on the third floor of the building I in Seocheon-gu, Seocheon-gu, Incheon. As the health has deteriorated, the Plaintiff was fully in charge of the operation and management of the said three companies from around around October 2014. (2) The Plaintiff entered the shares of Defendant Company 25% around October 2008, the shares of Defendant Company 19% around April 201, and the shares of Defendant Company 6% around August 2014, under title trust with Defendant B in sequence, around 2014, and around August 2014, the shares of the Defendant Company were registered as the shares of the Plaintiff 50% and the shares of Defendant B 50% (the shares listed in the attached Table No. 1).

In addition, the Plaintiff: (a) around March 2013, each 33% of the shares of F and H; and (b) around August 2014, each 17% of the shares of F and H were nominal trust with Defendant B in sequence; and (c) around August 2014, the register of shareholders of each of the above companies was registered as the shareholders in which Defendant B owns 50% of the shares of each of the above companies.

C. (1) The Plaintiff and Defendant B had a big dispute on December 2015. (2) Defendant B and Defendant C, based on the share transfer contract (hereinafter “instant share transfer contract”) dated December 29, 2015, to the effect that “the Plaintiff sells 30,000 shares (50 percent of the shares of the Defendant Company) of the Defendant Company to Defendant C at KRW 5,000 per share.”

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