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(영문) 서울중앙지방법원 2014.10.16 2013가단5153566
주식명의개서 등 청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 21, 201, the purpose was to common shares of 4,000 common shares issued, 5,000 won per share, 5,000 won per share owner, the Plaintiff, and construction-sale consulting, etc. Around April 21, 201, Defendant C Co., Ltd (hereinafter referred to as the “Defendant Company”) that made the Plaintiff an internal director and Defendant B’s auditor.

B. As of April 20, 2012, a share transfer agreement was made with the purport that the Plaintiff would transfer 3,200 shares of the Defendant Company (16,00,000 won of total acceptance price) to Defendant B (hereinafter “transfer agreement of this case”).

C. On April 20, 2012, the Plaintiff resigned from the inside director of the Defendant Company and assumed office as an auditor, and Defendant B resigned from the Defendant Company’s auditor and assumed office as an inside director.

The Defendant Company transferred a transfer of shares to Defendant B in the name of Defendant B with respect to 3,200 shares of the Defendant Company, and reported a transfer of shares to Defendant B to the tax office.

[Ground of recognition] The items of evidence Nos. 1, 6, 4 and 5, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion did not transfer 3,200 shares of the Defendant Company to the Defendant B, and the transfer contract of this case was forged by the Defendant B’s misappropriation of the Plaintiff’s seal imprint.

Even if the transfer contract of this case is valid, Defendant B did not pay KRW 16,000,000 to the Plaintiff, and thus, Defendant B’s share transfer contract under the transfer contract of this case is rescinded on the ground of nonperformance of obligation.

Therefore, Defendant B is obligated to confirm the ownership of 3,200 shares of Defendant Company, and Defendant B is obligated to implement the transfer procedure for the said shares.

B. The summary of the defendant's assertion is the company established by the best payment.

When Defendant B entered into a business partnership agreement with the Plaintiff and Seongdong-gu Seoul Metropolitan Government Development Project PM business, Defendant B was transferred shares from the Plaintiff, and the transfer contract of this case is not forged.

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