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(영문) 광주지방법원 2021.01.28 2020가단6202
주주권확인
Text

The instant lawsuit is dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) is the shareholders of Defendant F Co., Ltd. (hereinafter “Defendant Co., Ltd.”) as the owners of H building 1, J through K, L, M or N, Plaintiff B’s H building O, Plaintiff C’s H building P, and Plaintiff D’s separate owners of H building Q, respectively.

B. Under the list of shareholders of the Defendant Company, the Plaintiff Company is registered as holding 30 shares of the Defendant Company, respectively, and Defendant E as holding 3,090 shares of the Defendant Company.

(c)

According to Article 13 of the articles of incorporation of the defendant company (the qualification of shareholders and restriction on the disposal of shares), "(1) shareholders are limited to buyers of the Seo-gu in Gwangju-gu H building and are proportional to the balance of their share in sales.

(2) No share disposal shall be made separately from shares in the sale of shares, and the seller and the buyer shall notify the company concerned of such disposal.

“.....”

(d)

On September 7, 2020, the Plaintiffs lost their ownership by selling each real estate located in the H building owned by the Plaintiffs to the company R with limited liability, and completing the registration of transfer of ownership to the said company on October 26, 2020.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 5, and 6, the purport of the whole pleadings

2. The assertion and judgment

A. As of the gist of the Plaintiffs’ assertion, Defendant E is registered as having 3,090 shares of the Defendant Company on the list of shareholders of the Defendant Company.

In that sense, according to Article 13 of the articles of incorporation of the defendant company, a shareholder is limited to a purchaser of H building and proportional to the reputation of the share in sale, and the disposal of shares is not possible separately from the share in sale. The shares of the defendant company, which the defendant E may acquire as the sectional owner of H building under the articles of incorporation of the defendant company, are merely 16 shares. The shares of the defendant company, among the shares of the defendant company, 3,090 shares of the defendant company in the name of the defendant E, 3,074 shares (the shares listed in the attached list) are owned by the defendant company.

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