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(영문) 창원지방법원 2020.10.15 2020가합54459
주주권확인 등
Text

1. All part of the instant lawsuit is dismissed.

2. Between the Plaintiff and the Defendants.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings: Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act;

3. The right to claim partial rejection of a change of ownership is a right to claim the company to enter its name, address, etc. on the registered shares in the register of shareholders on the basis of shareholders' rights, and to enter the company's name, address, etc. on the registered shares in the register of shareholders, and barring any special circumstance, a transfer of ownership may be requested against the company solely

Therefore, it is unlawful for the Plaintiff to seek implementation of the transfer procedure against the Defendants without claiming a transfer of entry in the register of shareholders against the Company by proving such fact, as there is no benefit of lawsuit.

(See Supreme Court Decision 92Da16386 delivered on October 27, 1992). 4. As to the bearing of litigation costs, the proviso to Article 98 and the proviso to Article 101 of the Civil Procedure Act shall apply.

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