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(영문) 서울중앙지방법원 2018.11.20 2018나6296
주주지위확인 청구 등
Text

1. The plaintiff's appeal and the plaintiff's conjunctive claim added by this court are all dismissed.

2. Appeal;

Reasons

1. Basic facts

A. On December 18, 2012, Defendant Company was a corporation established for the purpose of producing broadcasting programs, etc., and the Plaintiff was a representative director of Defendant Company until December 18, 2015, and a representative director of Defendant Company until July 11, 2016.

On July 11, 2016, Defendant B was appointed as an internal director who is the representative of the Defendant Company, and on December 1, 2016, Defendant B was appointed as the representative director of the Defendant Company.

The plaintiff is the husband of the female mother of the defendant B.

B. As of January 1, 2015, the Plaintiff owned 13,000 shares out of 20,000 shares issued by the Defendant Company. However, the Plaintiff acquired the remainder of 7,00 shares in the name of D on November 9, 2015, and became to own the entire shares issued by the Defendant Company as shown in the attached list, and completed the transfer of ownership for such shares.

C. On July 11, 2016, with respect to the Plaintiff’s shares 20,000 shares (hereinafter “instant shares”), the Plaintiff and the assignee are Defendant B, and the transfer value per share is KRW 5,000, and as a condition of transfer, Defendant B entered into a share transfer agreement stipulating that “in case of request by the Plaintiff, Defendant B shall immediately transfer 12,00 shares out of the transferred shares to the Plaintiff at the transfer price.” On the same day, the transfer of ownership was made by the Defendant Company’s shareholder registry by changing the shares to Defendant B.

On October 4, 2016, the Plaintiff concluded a share purchase and sale contract with Defendant B for KRW 20,000 per share and KRW 5,000,000 per share of the Defendant Company on July 7, 2016. However, after the conclusion of a share purchase and sale contract, the Plaintiff did not deposit KRW 100,000 per share until September 30, 2016. Since the share purchase and sale contract itself is null and void, the Plaintiff notified that the share purchase and sale contract was null and void. The share sale contract concluded on July 2016 is not established by the contract itself, and at will, the Defendant Company’s shares are arbitrarily.

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