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(영문) 서울남부지방법원 2014.11.21 2014가합4416
주식명의개서절차이행
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff, defendant B, and D are siblingss.

B. The E Co., Ltd. (hereinafter “E”) is a company with D’s representative director, and owns 45.6% of Defendant B’s wife F out of the total issued shares, Defendant B’s wife G out of the total issued shares, 4.4% of Defendant B’s wife G, 30% of D and 20% of the Plaintiff.

C. Defendant B (hereinafter “H”) is a representative director; Defendant B (a) owns 50% of the total outstanding shares of the said company; and Defendant C (a wife) owns 50% of the total outstanding shares of the said company.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff owned 1/3 of the shares issued by the said companies when jointly operating H and E with Defendant B and D. The shares of the said companies are transferred to the Plaintiff in title trust or unequally under the name of Defendant B, their families, D and the Defendant C, the Plaintiff’s husband and wife, etc., differently from the actual owners for convenience. As such, Defendant B and D agreed to adjust the ownership of the said shares upon the Plaintiff’s request, and, in particular, in H, to transfer shares equivalent to 20% of the shares owned by the Defendants at the Plaintiff’s option, or to pay the Plaintiff the assessed amount of such shares.

The Plaintiff, when withdrawing from the joint management relationship with the above company around February 2012, demanded the settlement of the share ownership relationship between the above company and requested the Defendant B and D to deliver the application for modification of the purport of the instant claim and the cause of the claim to receive 20% of the H shares. As such, the Defendant B is a party to the instant agreement, and the Defendant C is obligated to pay KRW 60,000,000,000 to the Plaintiff, a title truster, who is a party to the said agreement.

B. The Plaintiff is the actual owner of E/H’s issued shares, or the Plaintiff, Defendant B, and D, as otherwise alleged by the Plaintiff.

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