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(영문) 전주지방법원군산지원 2016.02.18 2015가합11634
주주지위부존재확인청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall include all the parts arising from the participation.

Reasons

1. The plaintiff, a shareholder of C, who is the plaintiff's assertion that C had been transferred by the defendant from E and F 30,000 shares before C issued the share certificates, is not effective against the company, Article 335 (3) of the Commercial Act of Article 335 (3) of the Commercial Act of the Republic of Korea.

However, this provision shall not apply when six months have elapsed since the company came into existence or the date of payment on new shares.

Accordingly, the defendant asserts that there is no effect on C, and that it is not a shareholder of the relevant shares.

2. Even if stock certificates are not delivered, a transfer contract aiming at the transfer of stocks by an expression of intent between the parties alone shall be effective.

(See Supreme Court Decision 201Da62076, 62083 Decided February 9, 2012 (see, e.g., Supreme Court Decisions 201Da62076, 62083, Feb. 9, 2012). In addition, even if the share certificates of 300,000 shares were issued on August 15, 2012, the date of establishment of C, as alleged by the Plaintiff, from August 28, 2012 to June 15, 2013, considering the overall purport of the pleadings, the said share certificates were completely corrected by delivering them to the Nonghyup Bank Co., Ltd., a transferee of shares on the same day, and Sobre Savings Bank, Inc.

Therefore, the share transfer between the defendant, E, and F is also valid for C.

3. The plaintiff's claim for conclusion is without merit.

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