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(영문) 대전지방법원 2018.05.09 2017가합100554
주식명의개서절차이행
Text

1. Of the instant lawsuit, the part of the Plaintiff’s claim for confirmation of ownership of shares listed in the separate sheet shall be dismissed.

2. Defendant.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation established for the purpose of business related to alternative energy development, etc., and Defendant C is the representative director of the Defendant Company.

B. On February 8, 2006, the Plaintiff, among the buildings located in Seo-gu, Daejeon (hereinafter “instant land”) and the building located in Seo-gu, Seo-gu, Daejeon (hereinafter “instant building”), set the deposit amount of KRW 236 million and the lease term from February 8, 2006 to November 30, 2010.

(hereinafter “instant lease”). However, the said deposit has increased to KRW 486 million during the term of lease.

(hereinafter referred to as “instant deposit”). (c)

The Plaintiff paid the entire deposit of this case, but did not receive refund from the beneficiary after the expiration of the lease term, and delivered the building of this case.

On December 1, 2010, the beneficial owner Co., Ltd. entered into an agreement with the Plaintiff’s husband E on March 31, 2011 that sets the maturity of the instant deposit of KRW 486 million as the purpose of the loan for consumption, and the interest and delay damages rate of KRW 24% per annum. Defendant C and F set up a joint and several guarantee of the obligation of the beneficial owner of the Co., Ltd. under the above agreement, and set up a notarial deed (No. 535 of the G Joint Office Deed No. 2011 by a notary public) as well as the above E and Defendant C.

(hereinafter referred to as “instant agreement” and “instant notarial deed”). E.

In addition, on December 2, 2011, Defendant C entered into a contract to establish a security for transfer with the following content as to 600,000 common shares issued by the Defendant Company, which are owned by the said Defendant (hereinafter “instant contract to establish a security for transfer”), and on the same day, the Defendant Company entered into a transfer guarantee with the Plaintiff, stating that “When the maturity date of the said contract ( August 31, 2012) expires, the transfer of ownership for the shares created by transfer will be carried out upon the Plaintiff on the same day.”

Then, the defendant C on December 21, 201.

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