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(영문) 광주지방법원 2015.10.21 2014나14647
주식반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “instant company”) is a company established on January 24, 2002 for the purpose of supplying experimental equipment and chemical medicine, etc., and issued stocks are 5,000 shares, and the face value per share is 10,000 won.

B. The register of shareholders of the company of this case held 2,250 shares (45%) at the time of incorporation, the defendant 2,00 shares (40%) and 750 shares (15%) respectively at the time of incorporation, and thereafter H (the co-defendant of the court of first instance) acquired the above 750 shares from I, and the plaintiff 2,250 shares, the defendant 2,00 shares, and H held 750 shares, respectively.

(A) The Plaintiff asserted that H entrusted the above 750 shareholders’ name to H, and filed the instant lawsuit against H, and sought confirmation that H had ownership of the said 750 shareholders, and H accepted the Plaintiff’s claim at the preparatory date for pleading in the first instance trial.

The Plaintiff is currently the representative director of the instant company, and the Defendant and H are inside directors.

I, from January 10, 1980 to the time of the incorporation of the instant company, from the time of the establishment of the instant company, had the KJ as its workplace and operated the same or similar kind of business as the said company in the name of “C”. The Plaintiff and the Defendant were employed by I and worked in C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 17 (if there are serial numbers, including branch numbers; hereinafter the same shall apply) and the inquiry results of the first instance court's report on female tax affairs, the purport of the whole pleadings as a whole.

2. The Plaintiff’s assertion that: (a) the Plaintiff acquired C from I in KRW 108,00,000; and (b) established the instant company and entrusted the name of the shareholder of the instant shares to the Defendant; (c) accordingly, the Plaintiff sought implementation of the transfer procedure by which the Defendant confirmed that the instant shares were owned by the Plaintiff; and (d) changed the

(The above assertion seems to include the purport that the above title trust is terminated). 3. Determination

(a) Claim for the performance of transfer procedures;

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