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(영문) 수원지방법원안산지원 2020.07.22 2019가단78442
명의개서이행청구
Text

1. As to the shares listed in the attached list to the Plaintiff, the Defendant shall be the Plaintiff’s name.

Reasons

1. Around October 2016, the Plaintiff entered into a sales contract for shares (hereinafter “instant contract”) with the content that the Plaintiff transfers the shares listed in the separate sheet (hereinafter “instant shares”) owned by C to KRW 87,532,000 ( KRW 1,108 per share) (hereinafter “instant shares”).

Around that time, C did not pay the Plaintiff the share transfer price stipulated in the instant contract, and entered the register of shareholders of the Defendant Company.

On March 12, 2019, the Plaintiff notified C, by content-certified mail, that the share transfer price should be paid until March 25, 2019, and notified C of the intention to cancel the instant contract if not paid until then.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, the purport of the whole pleadings

2. According to the above facts of recognition, the instant contract was lawfully rescinded by the Plaintiff’s exercise of right to rescission on the ground that the transfer price of shares C is unpaid, and the Defendant Company is obligated to implement the transfer procedure to change the name of the shareholder on the shareholder registry of the instant shares to the Plaintiff.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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