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(영문) 서울서부지방법원 2016.05.13 2015가단230658
명의개서 이행청구의 소
Text

1. It confirms that the shares in the attached list are owned by the Plaintiff.

2. The Defendant Company D shall have the shares listed in the attached Table.

Reasons

1. Basic facts

A. On August 2006, E established Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) (hereinafter “Defendant Co., Ltd.”) and owned all the shares in its own and its wife’s name, around 2006, when engaging in wholesale and retail trade of telecommunications equipment.

B. E, while engaging in the business of manufacturing floor heating systems with H, Defendant C, etc., intended to use Defendant Company Corporation.

Accordingly, on October 31, 2014, E amended its articles of incorporation, including the trade name of the Defendant Company, and Defendant B, Defendant C, and I, a partner of H, respectively, was appointed as the inside director of the Defendant Company, and Defendant B as the representative director.

C. On the other hand, among the 40,000 shares issued by the Defendant Company, the list of shareholders was prepared as holding 19,600 shares, Defendant C's 1,200 shares, and I's 19,20 shares.

Grounds for Recognition: Facts without dispute, entry in Gap 1 through 3, testimony in witness E, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that, around October 2014, the Plaintiff sold KRW 1960,00 shares of the Defendant Company to Defendant B for the purchase price of KRW 98,00,000, and the Defendant C prepared a register of shareholders under title trust with the shares of the Defendant Company; Defendant B did not pay the sale price, thereby cancelling the share sales contract; and Defendant C’s title trust agreement with Defendant C terminates.

As to this, the Defendants asserted that, while engaging in the business with E, H and Defendant C decide to make investments in their patent rights and cash, only allocated the shares of the Defendant Company, but not purchased the shares of the Defendant Company or received the title trust.

B. In full view of each of the descriptions described in Gap 4 (Co., Ltd.) and Gap 5, Gap 6, Gap 7 (Co., Ltd.) and Eul 8, the defendant Eul shall purchase 19600 shares of the defendant company from the plaintiff and pay the above price in cash on December 31, 2014.

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