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(영문) 서울동부지방법원 2017.09.13 2016가합110886
명의개서절차이행
Text

1. Of the instant lawsuit, the part on the claim for confirmation of the shareholder's rights against Defendant C is dismissed.

2. The plaintiff and the defendant B.

Reasons

1. Basic facts

A. Defendant B established the Defendant Company on September 30, 2002 and served as the representative director by March 31, 2017.

B. Details of the shareholder change in the shareholder registry of the Defendant Company are as follows.

As of September 30, 200, Defendant B 19,000, D 1,000, 52,000 shares on March 4, 2003, Defendant B B 35,000 shares, D 1,000 shares, Plaintiff 16,00 shares with 32,00 shares with 32,00 shares with 10,000 shares on April 4, 2003, Defendant B 59,000 shares, D 1,000 shares with 40,00 shares with 40,000 shares with 40,000 shares with 10,00 shares, 40,00 shares with 10,000 shares with 40,00 shares with 40,00 shares with 40,00 shares with 40,50,00 shares with 40,50,00 shares with 40,00 shares and 40,00 shares.

The location of the location: 601 Item C business registration number of Songpa-gu Seoul Metropolitan Government F building: The class and number of shares to be transferred to G: The amount of gold of 50,000 common shares: 50,000 gold of 1 week:00,000 won per day gold of 5,000 won per day ( 250,000,000): The transferor (A) transfers the shares of 5,000 won to A and at the same time transfers the shares to B (A) transferee, and at the same time, at the same time, he/she receives the KRW 5,000 free of charge.

The address of the transferor on December 11, 2006 and the address of the transferee of H Apartment 105-1802, Namyang-si, Gyeonggi-do, Seoul, the address of the transferee, Gangdong-gu Seoul Metropolitan Government I Apartment 235-406, name A (Signature)

C. As of December 11, 2006, between the Plaintiff and Defendant B, the instant share transfer contract was prepared as follows.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff acquired the instant shares (50,000 shares out of the common shares issued by the Defendant Company) from Defendant B through the instant contract.

Nevertheless, the Defendants denied the above acquisition of shares. As such, the Plaintiff sought confirmation of whether the shares of this case were owned by the Plaintiff, and ② implement the transfer procedure with respect to the shares of this case against the Defendant Company.

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