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(영문) 울산지방법원 2014.08.14 2012가합6666
주식명의개서 청구의 소
Text

1. As to the shares 2,00 shares from No. B to C among the shares listed in the separate sheet, the Defendant (Appointed Party).

Reasons

1. Basic facts

A. At around 199, Nonparty G, a shareholder of the Defendant, drafted a sales contract for shares (hereinafter “each of the instant shares sales contract”) selling KRW 200,000 shares of KRW 2,00 from No. D to E (hereinafter “the instant shares”) out of the shares listed in the separate sheet to the Plaintiff (Appointed Party, hereinafter “Plaintiff”) for the purchase price of KRW 200,000 shares out of the shares listed in the separate sheet (hereinafter “instant shares”).

B. At present, the Plaintiffs currently occupy the share certificates of the instant shares.

[Reasons for Recognition] Unsatisfy, Gap evidence 17, Eul evidence 14 (including a tentative number), the purport of the whole pleadings

2. According to the above facts as to the cause of claim, the plaintiffs shall be presumed to be a lawful holder pursuant to Article 336(2) of the Commercial Act in possession of the share certificates representing the shares of this case, and the transfer of holders shall be deemed to be a lawful holder pursuant to Article 336(2) of the Commercial Act, and the transfer of holders shall be able to independently claim against the company by the holder of the share certificates. As to the shares 2,000 shares from No. B to No. C out of the shares listed in the separate sheet, the defendant shall be obligated to implement the transfer of each change of holders on the list of shareholders of the defendant with respect to the shares from

3. Judgment on the defendant's assertion

A. Defendant’s assertion 1) The Defendant’s articles of incorporation stipulates that when intending to request a change in the name of shares, a written request made by the Defendant Company shall be submitted along with a document proving the share certificates and causes. Since the Plaintiffs failed to meet the formal qualifications under the above articles of incorporation, the Defendant is not obligated to implement the change in the name of the Plaintiffs. 2) Each share sales contract of the instant case is signed and sealed by G in a state where the purchaser and the purchase price column are blank, and deliver it to

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