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(영문) 서울고등법원 2018.07.13 2017나2058541
주주확인 및 명의개서절차 이행 청구의 소
Text

1. The plaintiff's appeal against the defendants and the conjunctive claim against the defendant B added by this court.

Reasons

1. Basic facts

A. The party status 1) Defendant E Co., Ltd. (F Co., Ltd. on October 5, 2005 to the present trade name, hereinafter “Defendant Co., Ltd.”).

(2) The co-defendant C of the first instance trial (hereinafter “C”) is the Plaintiff’s former wife who was divorced around 2002, and the Co-Defendant D of the first instance trial (hereinafter “D”) is C’s co-defendant, and Defendant B is the South-North partner of the C.

B. Around 2001 when the Defendant Company was established, the shares of the Defendant Company were owned by Defendant B 4,750 shares (47.5%) for the shares of the Defendant Company, H 4,750 shares (47.5%) for the Plaintiff’s seat, and K 500 shares (5%) for the Plaintiff’s seat. (2) Around December 2003, the Defendant Company changed its capital from KRW 100 to KRW 40 million for the shares issued (40,000 shares, KRW 10,000 per share) for the shares issued by the Defendant Company.

After capital increase, Defendant B owned 19,00 shares (47.5%) for Defendant B, D 8,00 shares (20%) for D 8,00 shares (7.5%) for C, 3,00 shares (7.5%) for C, K 2,00 shares (5%) for K, and L, a small mother of the Plaintiff (8,000 shares) for each of them.

3) On June 1, 2009, D transferred 8,000 shares it owned to Defendant B. 4) The Defendant Company offered capital from KRW 400 million to KRW 500 million per share (50,000 shares issued, KRW 10,000 per share) around December 2009. The Defendant Company acquired 10,000 shares increased by Defendant B.

5) As of December 2015, the shares of Defendant Company were held 47,00 shares (94%) and 3,000 shares (6%) for Defendant Company as of 47,00 shares (94%) and 3,00 shares (47.5%) for 4,750 shares (47.5%) for 200 shares for 10,000 shares (10%) - - 10,000 shares (47.5%) for 19,000 shares (47.5%) - 2,000 shares (5%) for 2,000 shares (5%) for 3,000 shares) for 3,000 shares (7.5%) for 2,000 shares (7.5%) for 8,000 shares) for 3,000 shares (7.5%)

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