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(영문) 대전지방법원 2018.01.18 2017나101650
주주권확인등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

In the first instance trial, the Plaintiff sought confirmation that the shareholder rights of each Plaintiff’s shares listed in the separate sheet between the Plaintiffs and the Defendants are each Plaintiff, and the Defendant F Co., Ltd. (hereinafter “Defendant Co., Ltd.”) issued and issued common share certificates with a face value of 10,000 per share, and sought a transfer registration procedure to change the shareholder’s name from Defendant G to each Plaintiff.

On this issue, the court of first instance rejected the part of the claim against the defendant company among the claim for confirmation of shareholder's rights, and declared a judgment citing only the remaining claims.

Therefore, only the Defendants filed an appeal with respect to the part against the Defendants in the judgment of the court of first instance. The part requesting confirmation of the shareholders' rights against Defendant G among the plaintiffs' claims, and the part demanding the issuance of the share certificates and the transfer of the shareholders' list against the Defendant company is within the scope

Basic Facts

The defendant company is a corporation established on April 19, 199 for the purpose of the business of manufacturing flooring for food, etc., and the defendant G is the representative director of the defendant company.

The total number of shares issued by the defendant company is 110,000 shares, the amount of one share per share is 10,000 won, and there is no fact that the shares were issued until now after its incorporation.

The shares of the Defendant Company held 9,570 shares (hereinafter “instant shares”) and Defendant G owned 100,430 shares, respectively.

Plaintiff

E was reported to hold 9,570 shares of this case at the competent tax office from 200 to December 31, 2014 without any particular change, and the Defendant Company paid dividends on the premise that Plaintiff E owns the shares of this case.

Plaintiff

E on December 30, 2015, 4,100 shares among the shares 9,570 shares of this case for which shares were not issued, E shall be 1,00 shares for the Plaintiff A, 1,100 shares for the Plaintiff B, 1,00 shares for the Plaintiff C, 1,00 shares for the Plaintiff C, and 1,00 shares for the Plaintiff D.

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