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(영문) 청주지방법원 2015.10.08 2014가단157456
주식소유권확인 등
Text

1. It is confirmed that the Plaintiff and the Defendants are shareholders of shares listed in the separate sheet.

2. The defendant corporation.

Reasons

1. Basic facts

A. Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) was established on August 10, 201 for the main purpose of apartment house management and facility management, real estate investment (including real estate auction), etc. on August 10, 201, and E out of the total 1,400 shares of 1,40 shares, E owns 714 shares (51 percent shares), F owns 420 shares (30%), G owns 26 shares (19 percent shares), and G did not issue share certificates up to now.

B. After that, the statement on changes such as the stocks submitted by the Defendant Company to the Cheongju Tax Office in 2012 stated that FF shares 420 and G shares 266 shares were transferred to the Plaintiff. The statement on changes such as the stocks submitted in 2013 stated that the Plaintiff’s shares were transferred to the Defendant B.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including branch numbers, if any) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff acquired 686 shares of the Defendant Company (F-owned shares 420 shares and 266 shares owned by G) from the said F, as indicated in the evidence Nos. 8-1, 2, and 3 (stock transfer and takeover contract) on January 8, 2012, when investing in Nonparty F, G, etc., who was a shareholder of the Defendant Company, and settled investment profits.

B. On September 20, 201, the Defendant Company asserted the Defendants: (a) on September 20, 201, at the time, sold the land and the building on the H and its ground; (b) but did not prepare for the auction proceeds; (c) on October 11, 201, E, the representative director of which was the Defendant Company, transferred all the shares owned by E, 714 shares, 420 shares, and 266 shares owned by G.

The defendant company is a company established to participate in the auction of the above real estate, and the F and G did not invest any expenses for the establishment process, etc. of the defendant company, and the F and G did not pay all the expenses to E. The F have the right to dispose of their shares.

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