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Reasons
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(영문) 광주지방법원 2014.04.18 2013가합6218 (1)
주주권확인 등
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1. It is confirmed that the Plaintiff is a shareholder of shares listed in the annexed sheet.

2. The defendant shall provide the plaintiff with the attached shares.

Reasons

1. The following facts may be found in the evidence Nos. 1, 6, and 2, either in dispute between the parties or in full view of the purport of the entire pleadings:

On December 9, 2008, the defendant was established for the purpose of golf practice course operation business, etc., and issued 5,000 shares at the time of incorporation, increased on December 20, 2008, and issued 5,00 shares, and the share certificates are not issued.

B. The Defendant’s 2010 Business Year 2010 (from January 1, 2010 to December 31, 2010) held shares of E 49,250 shares (89.55%) of E, F (E), 5,500 shares (10%) of E, and 250 shares (0.45%) of G, and H again transferred 28,050 shares (51%) to H (28,00 shares) of H to H (28,050 shares) of 28,050 shares (51%) at the end of the period. The Plaintiff is registered as the Intervenor’s 26,950 shares at the end of February 2013.

2) The shares listed in the separate sheet (hereinafter referred to as “instant shares”) are stated in the separate sheet.

I taken over the transfer.

2. The assertion;

A. The Plaintiff and the Intervenor 1) invested together with E and established the Defendant. The shares allocated to the Intervenor were 25.67% per capita. 2) However, the Intervenor decided to trust the name of a shareholder to E due to circumstances where it is difficult for the Intervenor to enter the name in the register of shareholders, and E entered 51.34% (28,237 shares = 28,237 shares) of the total share of the Intervenor and 48.66% (26,763 shares) allocated to the Intervenor in the register of shareholders under three names, including himself/herself, as 1-b.

3) Meanwhile, around April 2010, E transferred its entire shares to J. On the other hand, the J has held title trust with H, and the Intervenor also held title trust with H all the shares of the Intervenor in accordance with his/her intent to succeed to the status of E. 4) subsequent to that on January 2011, H acquired the shares of J, thereby taking over the shares of J (48.6% of all the shares).

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