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(영문) 의정부지방법원 고양지원 2018.08.17 2017가합75234
주식양도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C Co., Ltd. (former trade name: D.; hereinafter referred to as “C”) is a company established on April 8, 2003 for the purpose of tin products, substitute tin processing business, etc. The Plaintiff is the representative director of C. The Defendant, as the Plaintiff’s wife, was registered as C’s director from May 21, 2007 to May 20, 2010, and as the representative director from May 22, 201 to April 18, 2014.

Since 2004, 2004, 10, 2004, 10,500 shares (35%) of 10,500 shares (35%) of 10,50 shares (33%) of 10,50 shares (35%) of 10,50 shares (33%) of 9,900 shares (33%) G 9,900 (333%) G 59,400 (33%) H9,900 (333%) H9,60 (333%) E9,60 (32%) Plaintiff 25,600 (14%) of 9,604%), 200 (32%) of 9,600 shares, 200 (320%) of 10,600 shares, 308 shares, 208, 300 shares total of 30 percent (30%) of 30% of 200, 2008 shares

B. The Defendant: (a) transferred 10,200 shares C in the name of the Defendant in 2004 to E (9,600 shares) and F (600 shares; (b) again acquired 10,500 shares from F in 2007; (c) C increased a total of 30,000 shares through the issuance and conversion of convertible bonds in 201 to 180,000 shares; and (d) has been additionally allocated 52,50 shares to 63,00 shares (hereinafter “instant shares”) up to the present.

On the other hand, the current status of shareholders since the incorporation of C is as follows.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1, 2, 4 through 6, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff alleged that he was the beneficial shareholder and the operator of C, and thus, held the title trust of the shares of this case to the Defendant, the said title trust agreement is terminated as the delivery of a duplicate of the instant complaint.

Therefore, the Defendant is obligated to transfer the instant shares to the Plaintiff and notify C of the fact of transfer.

(b) a person registered as a shareholder in the register of shareholders shall be presumed to be a shareholder of the company.

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