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(영문) 서울북부지방법원 2015.12.11 2015가단5955
주주확인등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendant Company was established on June 28, 2010 as a corporation engaged in rice, miscellaneous rice, processed food, and all food materials distribution and sale business, miscellaneous products, leather products, distribution and sale business, electronic commerce, distribution agency, distribution agency, selective distribution business, grain milling business, etc.

B. The certified transcript of corporate register of the defendant corporation is the representative director and internal director of the defendant company, and the plaintiff is each registered as the inside director of the defendant company, and the defendant C is registered as the representative of the defendant company in the registration certificate of the defendant company.

C. The Defendant Company issued 10,00 common shares per share amounting to 5,000 won per share, and the share certificates are not issued.

As of March 31, 2012, Defendant C owns 4,900 shares, D A 2,50 shares, E 2,50 shares, and E 2,50 shares. On May 31, 2012, E transferred 2,550 shares to Plaintiff A, and around that time, Defendant C owned 4,90 shares, Plaintiff D 2,50 shares, and Plaintiff A 2,550 shares, respectively.

E. On July 31, 2012, the register of shareholders of the Defendant Company indicated that Plaintiff D transferred 2,550 shares in the Plaintiff’s name to Defendant C, and held 7,450 shares in total (7,450 shares) in the name of Defendant C, which Defendant C initially owned, and in the name of 2,550 shares in the name of Defendant C (hereinafter “instant shares”).

F. The Plaintiff is the actual one shareholder of the Defendant Company, and filed a lawsuit against the Defendant C and the Defendant Company seeking confirmation of the shareholder’s shares in the name of the Defendant Company C and the transfer of a title to the transfer thereof (Seoul Northern District Court 2012Gahap21243). However, the Plaintiff cannot be deemed to have held that the Plaintiff was a beneficial shareholder of the Defendant Company or the Defendant C, and rather, the Plaintiff, Defendant C and F were operating the Defendant Company as a partnership, and the Plaintiff, Defendant C and the Defendant C were operating the said company after withdrawal.

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