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(영문) 서울중앙지방법원 2019.05.15 2017가단5146146
주권발행교부청구등의 소
Text

1. The part of the instant lawsuit claiming the confirmation of the right to dispose of real estate and shares shall be dismissed.

2. The defendant.

Reasons

1. Basic facts

A. The defendant is a company established with the purpose of promoting the sound development and prosperity of the Jung-gu Seoul Metropolitan Government C Commercial Price.

The total number of shares issued by the defendant is 5,000 shares, the total amount of capital is 50,000,000 won.

B. The Plaintiff owns each of the real estate listed in paragraphs 1, 2, and 3 as stated in the column of “real estate owned by the Plaintiff” in the attached Form [List of Real Estate and Stocks] (hereinafter “list of this case”) among the [List of Real Estate] of the Condominium Condominium (hereinafter “Commercial Building”) and has the co-ownership share of the real estate listed in paragraph 4.

In addition, the Plaintiff, as indicated in the “number of shares owned by the Plaintiff” column in the list of this case, owns registered common shares 49 shares (hereinafter “instant shares”) that amount to 10,000 shares issued by the Defendant.

C. On November 6, 2017, the Defendant held a special general meeting of shareholders and amended the articles of incorporation.

The amended Articles of Incorporation (hereinafter referred to as the “Revised Articles of Incorporation”) newly established the following provisions with respect to the transfer of shares:

Article 30(2) of the [Articles of Incorporation]. (Restrictions on Transfer of Stocks) Article 10 (Restrictions on Transfer of Stocks) (1) Shares may be transferred to another person with the approval of the board of directors.

(2) No transfer of shares without approval of the board of directors in violation of paragraph (1) shall be effective against the company.

§ 30 (Approval of Transfer of Stocks by Board of Directors) (1) The board of directors may refuse to approve the transfer of stocks to a person who is not a commercial building owner.

(2) The board of directors may refuse to grant approval for the transfer of stocks not held on a 49 share basis.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 7 (including branch numbers in case of additional number), Eul evidence 5, the purport of the whole pleadings

2. Judgment on the main defense of this case

A. Of the part of the claim for issuance of share certificates, the Plaintiff demanded the Defendant to deliver the share certificates corresponding to the instant shares.

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