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(영문) 서울중앙지방법원 2015.08.18 2014가단78681
주주확인 등
Text

1. Among the shares listed in the separate sheet between the Plaintiff and Defendant B, the right of shareholders to 6,00 shares in Defendant B’s name.

Reasons

1. Basic facts

A. Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company established by the Plaintiff around November 14, 201 as a capital of KRW 100 million, and the total number of shares issued by the Defendant Co., Ltd. is 20,000 and the per share amount is 5,000 won.

B. At the time of the incorporation of the Defendant Company, the Plaintiff was one shareholder holding 20,000 shares issued. However, at the time of the incorporation of the Defendant Company, the Plaintiff’s shareholder registry of the Defendant Company was registered as holding 8,00 shares, 6,00 shares, 6,00 shares, and 6,00 shares issued by the Defendant Company.

【Ground for recognition】 The fact that there has been no dispute, Gap 1, Gap 2, and Eul 5’s purport and purport of the whole pleading

2. Summary of the parties’ assertion

A. Defendant B and C’s summary of the Plaintiff’s assertion 1) The share acquisition agreement (A 2-2, 2-3) (hereinafter collectively referred to as “instant share acquisition agreement”) by stealing the Plaintiff’s painting (hereinafter referred to as “instant share acquisition agreement”).

(2) The shares in this case are 12,000 shares listed in the separate sheet (hereinafter collectively referred to as “instant shares”) after making and using each of them.

(2) As to the Plaintiff’s transfer of shares under the name of the Defendants in the Plaintiff’s registry (main assertion). 2) Even if the instant share transfer contract was not forged, the said Defendants did not pay the Plaintiff the share transfer price as stipulated in the instant share transfer agreement. Therefore, the Plaintiff’s transfer of a copy of the instant complaint as the delivery of a copy of the instant complaint, and thus, rescinded the instant share transfer agreement.

(Preliminary Claim). In accordance with 3, the shareholder's right of the instant shares is against the Plaintiff. Therefore, it is necessary to confirm that the Defendants are dissatisfied with this, and the Defendant Company is obligated to implement the transfer procedure to change the shareholder's name of the instant shares to the Plaintiff.

B. The Defendants’ assertion summary of the instant share acquisition agreement was concluded with the aim of settling “an influent interest” between the Plaintiff, Defendant B and C.

Therefore, the above Defendants are the Plaintiff.

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