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(영문) 광주지방법원 2018.09.14 2016가합60268
주주지위확인 등
Text

1. Defendant D confirms that the Plaintiff is a shareholder of the shares listed in [Attachment List No. 5].

2. The plaintiff.

Reasons

1. Determination as to the claim against Defendant D

A. Indication of Claim: The Plaintiff held the title trust of the shares listed in paragraph 5 of the attached list No. 5 in the process of acquiring the Selection G’s shares and assets from the Appointor G, a substantial master of the Selection G, and the Defendant C transferred the shares listed in paragraph 5 of the attached list No. 5 to Defendant D without the Plaintiff’s permission.

Since the Plaintiff terminated the title trust agreement with Defendant C, the Plaintiff sought confirmation of the Plaintiff’s shareholder status of the shares listed in [Attachment List No. 5] against Defendant D.

(b) Applicable provisions of Acts: Article 208 (3) 2 of the Civil Procedure Act (a judgment of deemed as confession due to the absence of Defendant D);

2. Determination as to the claims against Defendant B, C, Selection E, F, and G

A. Basic facts 1) Selection G (hereinafter “I”) changed from July 5, 2013 to G Co., Ltd.

(2) At the time of May 15, 2013, G’s list of shareholders was registered as shareholders of Defendant B, Appointed E, and F as shares of 5,000 shares (hereinafter “instant shares”), and thereafter, from November 201, Defendant B, E, E, F, Defendant D, and Nonparty J were registered as shareholders of the instant shares from November 2016 through the process of a change of shares as indicated in the list below.

As of the record date, Defendant B’s Appointer E, Defendant DJ on May 15, 2013 (40%) 1,500 shares (30%) 1,500 shares (30%) on May 15, 2013 (11%) 50 shares (1%) 1,500 shares (30%) on July 5, 2013 (10%) 550 shares (11%) 1,500 shares (30%) from November 2016 to 50 shares (20%) 1,50 shares (1,50%) 1,50 shares (20%) (30%) on May 15, 2013 (20%) 1,50 shares (21%) (30%) 1,50 shares (21%) on 30%) 1,50 shares (30%) on July 5, 2013; 200 shares (40%)

B. The Plaintiff’s assertion and determination 1 Plaintiff asserted that the instant shares were transferred to Defendant B and C in the process of acquiring the instant shares and assets of the Appointor G from the Appointor G, the actual owner of the Appointor G.

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