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(영문) 대구지방법원서부지원 2017.11.24 2016가합52693
주식명의개서절차이행 등 청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On March 5, 2013, Defendant Company was incorporated with the Plaintiff’s representative for the purpose of the business of manufacturing and selling heavy glass for the strengthening of cell phones, etc., and it has been operated until now since the comprehensive acquisition of the business of private business chain B (the representative of the Plaintiff was established on May 11, 201) on March 31, 2013.

The Plaintiff is a shareholder registered as one shareholder in the register of shareholders from the time of incorporation of the Defendant Company and the former representative director of the Defendant Company. C is currently the representative director of the Defendant Company and is registered as one shareholder at the register of shareholders of the Defendant Company.

B. On February 3, 2015, the Plaintiff was detained and detained on October 28, 2016 by causing four another vehicle to die (hereinafter “instant traffic accident”).

C. Upon detention of the Plaintiff, C, using the Plaintiff’s certificate of his/her personal seal impression issued by C as his/her agent and the Plaintiff’s certificate of personal seal impression issued by D, prepared a letter of resignation of the Defendant Company representative director and company director under the Plaintiff’s name as of January 23, 2015, completed the Plaintiff’s registration of resignation of director on February 4, 2015, while completing the Plaintiff’s registration of resignation of director on January 23, 2015 on the same day.

In addition, as of December 5, 2014, C prepared a transfer and takeover contract of the instant shares as of December 5, 2014 (hereinafter “instant share transfer and takeover contract”), using the same certificate of personal seal impression, etc., and the Defendant Company entered C in the register of shareholders as one shareholder on January 23, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, 7, 13, 21 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence Nos. 4, 18, 20, 21, 22, 23, and 27, and the purport of the whole pleadings

2. The plaintiff's assertion

A. The plaintiff, the primary cause of the claim, is the representative director established by the defendant company, and is the actual owner of the shares of this case.

The plaintiff is detained due to the traffic accident of this case and then the name of the representative director of the defendant company C.

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