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(영문) 서울중앙지방법원 2018.03.26 2017가단5015600
명의개서 등
Text

1. Defendant A Co., Ltd. shall implement the transfer procedure for the shares listed in the separate sheet to the Plaintiff.

2. The plaintiff.

Reasons

1. Basic facts

A. On December 26, 2014, the Plaintiff purchased (hereinafter “instant sales contract”) 1,60,000,000 won per share (hereinafter “unit price of KRW 400,000 per share”).

B. According to the instant sales contract, the Plaintiff paid C the remainder of KRW 800,000,000,000 for the contract date, and KRW 800,000 for the remainder of February 5, 2015, respectively.

C. On March 23, 2015, the Plaintiff:

8. On December 21, 2016, the Defendant Company requested that the transfer procedure for the instant shares be implemented.

[Reasons for Recognition] Facts without dispute, entry of Gap 1, 3 and 5 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff received the instant shares by fully paying the purchase price of the shares under the instant sales contract to C, and thus, the Defendant Company should implement the transfer procedure under the name of the Plaintiff.

The Defendants were unfairly refusing entry of change of entry, thereby seeking compensation for the said damage.

B. After the conclusion of the instant sales contract by the Defendants, the Plaintiff sold the instant shares to an unspecified number of unspecified persons and received the payment in full, and thus, the Plaintiff is not the owner of the instant shares.

On January 5, 2015, the Plaintiff notified the Defendant Company that it would cancel the instant sales contract with C if it is found that the information about the Defendant Company provided by C was false. On January 27, 2015, the Plaintiff notified the Plaintiff’s employee that the instant sales contract would not be cancelled.

Since then, the Plaintiff changed the attitude of the Plaintiff, and the Defendant Company requested materials to prove that the Plaintiff is the true owner.

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