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(영문) 수원지방법원 2018.07.03 2017나79257
주식명의개서 청구등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff’s assertion partially reduced the purport of the claim in the trial as follows.

The J is the owner of shares 250 shares of the Defendant Company (hereinafter “instant shares”) at the time of establishment of Defendant B Co., Ltd. (hereinafter “Defendant Company”). On February 24, 2015, the Plaintiff acquired shares No. 1 shares from J. 2015, and the said shares are currently entered in the name of Defendant Company C on the list of shareholders.

B. On September 30, 2008, the Defendant Company issued 10,000 new shares by allocating one new shares per stock to the existing shareholders, and the above Company issued 10,000 shares per stock.

As seen in this subsection, since the owner of the first issue shares at the time is J, the new shares 250 shares issued as above (hereinafter “second issue shares”) shall revert to the Plaintiff who acquired the first issue shares from J.

C. The Plaintiff allocated 3,100 shares at the time of the establishment of the Defendant Company. Among them, the Plaintiff trusted 500 shares (hereinafter “third shares”) to C, and the Plaintiff rescinded a title trust agreement with C at the time of the instant lawsuit.

Therefore, shares 1,000 shares listed in the attached list (i.e., shares 250 shares 250 shares 250 shares 3 shares 500 shares) should be reverted to the Plaintiff. Therefore, the Defendant Company is obligated to implement the transfer procedure for shares 1,00 shares to the Plaintiff.

2. The reasoning of the judgment of the court of first instance, invoked by the main text of Article 420 of the Civil Procedure Act, is as follows: (a) the reasoning of the judgment of the court of first instance is the same as that of the second to third to ten (10) of the first and fourth (4).

[This is presumed to be a shareholder of the company, and the company bears the burden of proving the denial of shareholder's rights (see, e.g., Supreme Court Decision 84Meu2082, Mar. 26, 1985). In addition, the evidence duly examined by the court of first instance and the witness testimony by the court of first instance are added to the evidence submitted by the plaintiff at the trial and the witness testimony by the court of first instance.

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