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(영문) 대구지방법원포항지원 2016.02.19 2015가합41263
출자자명의변경절차이행
Text

1. As to the Plaintiff A’s 300 unit of equity shares of the E limited liability company, Defendant D shall be entitled to the Plaintiff B.

Reasons

1. Basic facts

A. On June 14, 2013, the Plaintiffs and F establish a limited liability company for the purpose of acquiring, managing, and disposing of ordinary stocks issued by the Port Terminal Co., Ltd. (hereinafter “instant company”) and actually operates the said company until now.

B. The Plaintiffs and F invested the total amount of KRW 1 million (10,000,000,000,000,0000,000,000) of the Company’s capital, and the total amount of equity shares of the said Company is KRW 2,000,000,000,000.

1. A title truster shall prepare a title trust agreement in order to title trust the equity shares of the instant company scheduled to be established on June 14, 2013 to the title trustee.

2. The equity shares held in title by the title truster to the title trustee are as follows, and the formal employee is the title trustee, but the actual employee is the title truster.

The name of a company issuing equity shares: The amount of one unit of investment by E limited company: 500 won: 300 equity shares.

3. The title truster is entitled to all the rights as a member, such as the right to claim a distribution of the above equity shares, the right to claim a distribution of residual property, and the right to vote at a general meeting of members.

4. The general meeting of members of the issuing company shall be held by the title truster as a member;

The title trustee shall, if necessary, immediately notify the title truster of the convocation notice, etc. of the general meeting of members notified by the issuing company or its title agent, and if necessary, the title truster shall prepare a power of attorney to attend the general meeting of members and deliver it to the title truster to attend the general meeting of members

5. The title trustee may not arbitrarily transfer, pledge, or trust contribution units without the permission of the title truster on the number of contribution units held in the title trust.

C. On the other hand, on June 12, 2013, before the establishment of the instant company, Plaintiff C and Plaintiff B, respectively, enter into a title trust agreement with Defendant D with the following contents.

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