logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.04.21 2015가단36744
주식명의 개서
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 20, 2013, C, the Plaintiff, was acquiring 7,846 shares of the Defendant Company (hereinafter “instant shares”) from D and became a shareholder of the Defendant Company.

B. On September 14, 2015, the Plaintiff prepared a share transfer contract under which the Plaintiff acquired the shares of this case from C, and filed a claim for change of ownership with the Defendant Company on the same day.

C. The provisions pertaining to the transfer of shares under the articles of incorporation of the defendant company are as follows:

Article 11 (Transfer of Stocks)

1. Transfer of registered shares shall be effected only by a request for transfer of shares bearing the name and seal of shareholders listed on the register of shareholders of the company concerned or by delivery of certificates of transfer. In this case, a certificate of personal seal impression of the transferor

3. Any person who is in office as a driver of the company concerned may not acquire stocks of the company concerned.

4.The transfer of shares of the company concerned shall be subject to prior approval of the board of directors.

Provided, That a shareholder who wishes to sell shares shall be obligated to notify the company of his intention to sell the shares, and if the company or other shareholders are unable to accept them, it shall be deemed approved.

On September 21, 2015, the Defendant Company notified C of the motion to transfer the instant shares at the meeting of the board of directors of the Defendant Company based on Article 11(3) and (4) of the said Articles of Incorporation.

E. The Plaintiff retired the Defendant Company on March 14, 2016, while serving as an employee of the Defendant Company.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including a tentative number), 11 and Eul evidence 2

2. The assertion and judgment

A. The Plaintiff’s assertion was that the Plaintiff acquired the instant shares in the name of C on July 20, 2013, and terminated the instant title trust agreement through the share acquisition agreement as of September 14, 2015, and the Defendant is obligated to transfer the ownership of the instant shares to the Plaintiff.

B. According to Article 335 of the Commercial Act, shares shall, in principle, be transferred to another person.

arrow