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(영문) 서울동부지방법원 2015.01.30 2014가합103822
주식명의개서 등 청구의 소
Text

1. The Plaintiff and the Defendants confirm that the shares listed in the separate sheet are owned by the Plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On December 5, 1997, the Plaintiff established Defendant Company B (hereinafter “Defendant Company”) which is a company engaged in wholesale and retail business of agricultural and fishery products, and around that time, the Plaintiff retired from office on December 5, 200 when the Defendant Company was appointed as the representative director of the Defendant Company and was operating the Defendant Company, and on the same day, Defendant D, the south of the Plaintiff, was appointed as the representative director of the Defendant Company and operated the Defendant Company.

B. Of the 5,000 common shares issued by the Defendant Company, the Plaintiff owns 3,00 shares, 50 shares, E, the spouse of the Plaintiff, 1,000 shares, and 500 shares, respectively.

C. Defendant C assumed office as an internal director of the Defendant Company around March 20, 2013.

On April 18, 2013, Defendant D entered into a stock acquisition agreement with Defendant C, as an agent, to transfer the shares listed in the separate sheet (hereinafter “instant shares”) owned by the Plaintiff in the amount of KRW 475 million for transfer price (hereinafter “the acquisition by transfer of shares as of April 18, 2013”).

E. On April 22, 2013, the Plaintiff, who became aware of the foregoing fact, agreed with E to write out false appearance such as the transfer of the instant shares, and entered into a share acquisition agreement with the Plaintiff on the same day (hereinafter “contract for acquisition by transfer of the instant shares”) with the purport that the Plaintiff would transfer the instant shares to E on the same day as the said agreement.

F. Between Defendant D and E on June 19, 2013, Defendant D entered into a share acquisition agreement with the purport that E would transfer 3,500 shares of the Defendant Company to Defendant D (hereinafter “the share acquisition agreement as of June 19, 2013”), and its main contents are as follows.

transferor: transferee E (hereinafter referred to as “A”): Defendant D et al.

observer: Attorney G

1. Sales contract;

A. The total number of shares that Party A traded for Party B is 3500 shares, and the above sales amount is 350 million won.

(b) above;

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