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(영문) 인천지방법원 2018.11.02 2018나57882
주주지위확인등
Text

1. The judgment of the court of first instance is modified as follows.

2. Of the instant lawsuit, the Plaintiff and Defendant D Co., Ltd., and Defendant B.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The plaintiff's assertion 1) The non-party L is the defendant B corporation (hereinafter "Defendant B") according to the written agreement of this case (Evidence 3-1).

(B) 4,500 shares of Defendant B (hereinafter referred to as “B 4,500 shares”) may be designated.

(B) 3,500 shares (hereinafter referred to as “B 3,500 shares”) shall apply to the transferee.

Defendant D Co., Ltd. (hereinafter “Defendant D”)

) The Plaintiff was designated as the Plaintiff, and thereafter, transferred B 3,500 shares from Defendant D. Accordingly, the Plaintiff became a shareholder holding 8,000 shares out of Defendant B’s shares. 2) Meanwhile, the Plaintiff acquired 3,00 shares out of Defendant C Co., Ltd. (hereinafter “Defendant C”)’s shares from Defendant D (hereinafter “Defendant C”).

3) However, the Defendants asserted that the Plaintiff is not the owner of B 8,000 shares and C 3,000 shares (However, Defendant D changed its position in the appellate court and recognized the Plaintiff as the transferee of B 3,500 shares and C 3,000 shares.

The Plaintiff seeks confirmation against Defendant D and Defendant E that the owner of each of the above shares is the Plaintiff, and seeks implementation of the transfer procedure by changing the name of each shareholder on the respective shareholder registry against Defendant B and Defendant C.

B. The Intervenor’s assertion B 3,500 is owned by the Intervenor, and thus, the Intervenor seeks confirmation against the Plaintiff and Defendant D as a shareholder.

3. Determination as to claims related to Category B 4,500

A. The reasoning for the court’s explanation on this part is as stated in the corresponding part of the judgment of the court of first instance (No. 10 to No. 11 of the judgment of the court of first instance), except where the conclusion of the plaintiff’s claim on this part is added to the following. Therefore, the main text of Article 420 of the Civil Procedure Act is the same.

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