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(영문) 인천지방법원부천지원 2015.07.21 2014가단52614
명의개서절차이행
Text

1. All part of the instant lawsuit’s claim for confirmation is dismissed.

2. Defendant B Co., Ltd. shall list the Plaintiff’s attached list.

Reasons

1.The following facts may be acknowledged, either in dispute between the parties or in each entry (including each number) in Gap evidence 1 to 5, by integrating the purpose of the entire pleadings:

Defendant B (hereinafter “Defendant Company”) is a corporation established on July 24, 2008 for the purpose of manufacturing and wholesale and retail business, etc. of machinery tools. The shares issued are 10,000 common shares, and the total amount of capital is 100 million won.

B. The number of shareholders and number of shares in the name of the shareholder of the Defendant Company stated that Defendant C owns 2,400 shares, Defendant D D 2,500 shares, and E, the representative of the Defendant Company, owns 5,000 shares, and the present share certificates are not issued.

C. On May 12, 2014, the Plaintiff entered into a share acquisition agreement with Defendant C and D on a total of KRW 600 million (Defendant C2,400, Defendant D2,500) of the shares of the Defendant Company owned by the said Defendants.

The Plaintiff transferred each down payment of KRW 50 million on the day of the contract to Defendant C and D, and the remaining KRW 250 million on the 13th of the same month, respectively, to Defendant C and D, and paid all the share acquisition price.

On September 4, 2014, Defendant C and D notified the Defendant Company of the fact that the shares of the Defendant Company held by the said Defendants were transferred to the Plaintiff by content-certified mail, and the above content-certified mail reached the Defendant Company around that time.

2. The Plaintiff asserted that the Plaintiff acquired shares listed in the separate sheet from Defendant C and D, and that the Defendants notified the Defendant Company of the transfer, the Plaintiff lawfully acquired 4,90 shares of the Defendant Company.

Therefore, the Plaintiff and the Defendants have the duty to verify that the shares listed in the separate sheet are owned by the Plaintiff, and the Defendant Company is obligated to implement the transfer procedure to change the name of the shareholder to the Plaintiff.

3. In the case of confirmation as to whether the action for confirmation is lawful, it shall be examined.

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