(영문) 춘천지방법원 강릉지원 2018.02.13 2017나30580

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(영문) 춘천지방법원 강릉지원 2018.02.13 2017나30580

주주권확인 등의 소

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1. The part against Defendant B and the part against Defendant E in the judgment of the first instance shall be revoked, and that part shall be revoked.

Reasons

1. Basic facts

A. On November 8, 2004, Defendant E Co., Ltd. (hereinafter “Defendant E”) established 15,000 common shares of KRW 10,000 at par value as capital.

B. The shareholders listed in the list of shareholders of the defendant company have changed as shown below. Since April 1, 2008, the list of shareholders of the defendant company stated that the defendant company owned each of the shares of the defendant B 6,000 shares (hereinafter “the shares of this case”), the defendant C 4,500 shares (hereinafter “the shares of this case”) and the defendant D 4,500 shares (hereinafter “the shares of this case 3 shares”).

Defendant C 4,500 L 4,500 L 4,500 L 4,5003, 2000 3,5000 3,5000 Defendant D 43,5000 Defendant D4,500, 7,500 7,500 7,500 7,500 6,500 6,000 6,000 / [Grounds for Recognition] A, 1,5,7, 9, 10, and 2-2 of evidence 2, the purport of the whole pleadings as follows:

2. Summary of the parties' arguments

A. The Plaintiff owned the entire shares of the Defendant Company since its incorporation.

However, without the Plaintiff’s consent, Defendant B arbitrarily prepared a false transfer/acquisition contract (Evidence 9) that transfers 6,000 shares owned by the Plaintiff to Defendant B, and completed the transfer of ownership in its name.

Since the name of the shareholder of the defendant company was changed from the plaintiff to the defendant B under a false transfer contract, the defendant B is obligated to confirm that the shares of this case were owned by the plaintiff, and the defendant company is obligated to implement the transfer procedure to change the name of the shareholder as to the shares of this case to the plaintiff.

In addition, the Plaintiff is a beneficial shareholder who owns the entire shares of the Defendant Company, but in order to avoid becoming an oligopolistic shareholder, the Plaintiff entrusted the name of the shareholder of the instant 2 shares and the instant 3 shares to Defendant C.

The Plaintiff and the Defendant are served as a duplicate of the instant complaint.

유사 판례

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-창원지방법원 2014.04.15 2013구합20712

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