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(영문) 서울중앙지방법원 2020.08.14 2020가합198
주식명의변경절차 이행 청구의 소
Text

1. Defendant B Co., Ltd. shall transfer its ownership of the shares listed in the separate sheet No. 1 in the name of Defendant D Co.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an agreement with Defendant D Co., Ltd. on the name of shares and agreed to underwrite shares on behalf of Defendant D Co., Ltd.

B. After that, on December 2, 2014, the Plaintiff acquired all of the shares of Defendant B Co., Ltd. listed in the attached Table 1, which were held by Defendant D Co., Ltd on behalf of Defendant D Co., Ltd.

C. In addition, on January 19, 2015, the Plaintiff received shares payment from Defendant D Co., Ltd., and acquired all the shares of Defendant C Co., Ltd. listed in the attached Table 2 on behalf of Defendant D Co., Ltd.

around January 22, 2016, the Plaintiff and Defendant D Co., Ltd agreed on each share name lending agreement with respect to each share listed in attached Tables 1 and 2.

[Reasons for Recognition] Articles 150(3) and 150(1) of the Civil Procedure Act (Voluntary Confession)

2. Determination as to the cause of each claim

A. Only the nominal lender who actually acquired shares and paid the price by acquiring the shares of the relevant legal doctrine becomes a shareholder of the actual share holder, and a mere nominal lender cannot be deemed as a shareholder.

(See Supreme Court Decision 97Da50619 delivered on April 10, 1998). B.

1) According to the above facts of recognition, it is reasonable to view that the beneficial shareholder as to the entire shares of Defendant B and the entire shares of Defendant C Co., Ltd. listed in the separate sheet No. 1 and the separate sheet No. 2 is the Defendant D Co., Ltd., the nominal owner ( even based on the separate statements No. 3 and No. 4, Defendant D Co., Ltd., as the beneficial owner of each shares listed in the separate sheet No. 1 and

2) Therefore, Defendant B Co., Ltd. is obligated to implement the transfer procedure under the name of Defendant D Co., Ltd. with respect to the shares listed in the separate sheet No. 1; Defendant C Co., Ltd. is obligated to implement the transfer procedure under the name of Defendant D Co., Ltd. with respect to the shares listed in the separate sheet No. 2; Defendant D Co., Ltd is obligated to accept the transfer procedure as beneficial shareholders

3. If so, the plaintiff is the defendants.

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