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(영문) 인천지방법원부천지원 2015.05.15 2014가합1668
명의개서
Text

1. The defendant,

A. The list of shareholders concerning the shares listed in Paragraph 1 of the attached Table among the shares issued by the plaintiff A among the shares issued by the defendant

Reasons

1. Basic facts

A. The Defendant’s total number of shares issued at the time of December 31, 2013 was 20,000 shares, among which C 2,800 shares, D 1,00 shares, E 1,20 shares, F 2,40 shares, G 60 shares, and H 2,00 shares, respectively.

D, G was succeeded to 1,600 shares of I.B.

On January 18, 2014, Plaintiff A acquired 2,800 shares among the shares issued by the Defendant, D’s 1,00 shares, E’s 1,200 shares, Plaintiff B acquired 2,40 shares, G’s 600 shares, and H’s 2,00 shares from each of the above owners.

(However, the defendant did not issue the share certificates until the time).

On February 5, 2014, the Plaintiffs sent a content-certified mail requesting the transfer of entry to the Defendant on the ground that the Plaintiffs received shares as above, and the written request was the same month.

6. The Defendant, upon arrival of the Defendant, rejected the transfer of title on the ground that the Defendant did not receive the notification of assignment of claims.

On February 21, 2014, the Defendant newly established a provision that the Defendant shall hold a regular general meeting of shareholders (hereinafter “instant general meeting of shareholders”) and obtain the approval of the board of directors when transferring stocks in addition to the existing articles of incorporation by a resolution (hereinafter “instant provision”).

E. On March 5, 2014, the aforementioned C, etc. that transferred shares to the Plaintiffs of the notice of stock transfer notified the Defendant of the instant transfer of shares.

F. Of the Defendant’s articles of incorporation, the parts relating to this case are as follows.

Article 6 (Amount of One Share) The amount of one share issued by the Company shall be five thousand won.

(2) The stockholders may transfer their shares with the approval of the board of directors.

Article 12 (Establishment at General Meeting of Shareholders) (1) When a transfer of shares is requested due to the transfer of shares, a written request for the transfer of shares shall be accompanied by the share certificates.

Inheritance, testamentary gift and other contracts.

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