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(영문) 인천지방법원부천지원 2016.06.10 2015가단21020
주주명의변경청구의소
Text

1. All the claims of the plaintiff and the independent party intervenor are dismissed.

2. The costs of the lawsuit are assessed against the principal claim.

Reasons

1. The facts following the facts do not conflict between the parties, or are known in full view of Gap evidence 1-1, 2-1, 2-1, 3-1, and 3-1, and the whole purport of the arguments.

The instant company was established on December 20, 1995. Of the total shares of 10,000 shares issued by the Defendant on the shareholder registry, the Defendant was indicated as 2,600 shares issued by the Plaintiff, as 3,00 shares issued by the Plaintiff, 50 shares for A, 2,500 shares for G, 50 shares for independent parties who are the Plaintiff’s siblings, 500 shares for the Plaintiff’s mother, 50 shares for H, 500 shares for the Plaintiff’s mother, 200 shares for J, and 200 shares for each of them.

B. The board of directors of the instant company issued 30,00 common shares on July 8, 2003, and decided to allocate 5,000 common shares to the Defendant, 5,000 shares to F, 10,000 shares to A, and 10,000 shares to independent parties C respectively (hereinafter “instant capital increase”). The instant company became 40,000 shares total outstanding shares of the instant company, and 7,600 shares for the Defendant’s shares (hereinafter “instant shares”).

2. The assertion and judgment

A. 1) At the time of incorporation of the Plaintiff Company, the Plaintiff: (a) borrowed 7 or more promoters under the legal provisions at the time of incorporation of the instant company, and established the instant company with a total of 7 shares, including the Plaintiff’s Plaintiff and the Defendant, etc., as promoters; and (b) held the title trust of shares; (c) in the capital increase of this case, the Plaintiff paid the entire shares and additionally issued shares to each shareholder; (d) thus, the Plaintiff is the Plaintiff’s ownership of 7,600 shares in the name of the Defendant; (b) the instant company, as a company of netF, is substantially one person of netF, under the title trust of the Defendant; and (e) the instant independent party intervenor, as a duplicate service of the instant application form for independent party, is a title trust of 1,381 shares, each of which corresponds to 2/11 of the shares of the Intervenor of the instant independent party.

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