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(영문) 대전지방법원 2014.12.10 2014가합107134
사원권 확인
Text

1. As to the 4,00 shares in the name of the defendant among the 10,000 shares in the attached list, the membership shall be allowed.

Reasons

1. Basic facts

A. Article 19 of the Act on Fostering and Supporting Agricultural and Fishery Enterprises (hereinafter “instant company”) is a company established for the purpose of consigned farming business on November 16, 2010.

B. On December 2, 2013, the Plaintiff, an employee holding 4,000 shares out of the total number of 10,000 shares of the instant company, agreed that the Plaintiff may rescind the said contract if the Defendant did not pay the said shares by December 16, 2013.

(hereinafter “instant sales contract”). C.

On the same day, the Plaintiff issued a certificate of transfer of investment to the Defendant in accordance with the instant sales contract, and accordingly, the Defendant was registered in the register of members with 4,000 shares out of the number of shares held by the instant company.

On September 26, 2014, the Plaintiff sent a content-certified mail that the Defendant would cancel the contract in accordance with the terms and conditions stipulated in the instant sales contract on the ground that the Defendant did not pay the price under the instant sales contract, which reaches the Defendant around that time.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. Determination

A. According to the above facts, the instant sales contract was lawfully rescinded on or around September 26, 2014, and barring any special circumstance, barring any special circumstance, the membership rights of the instant company are returned to the Plaintiff.

I would like to say.

B. The defendant alleged to the effect that he agreed to postpone the payment date between the plaintiff and the plaintiff, but there is no evidence to acknowledge it, and the defendant's above assertion is without merit.

C. Therefore, the right to share 4,00 shares of the company of this case, which was held in the name of the defendant, is vested in the plaintiff.

Since the defendant is dissatisfied with this, it is confirmed that he has the above membership right to change his name.

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