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(영문) 수원지방법원안산지원 2016.01.22 2015가단107007
주주권확인 등 청구의 소
Text

1. The part concerning the claim for confirmation of shareholders' rights in the lawsuit of this case shall be dismissed.

2. The defendant shall set forth in the attached list (1) and (3) to the plaintiff A.

Reasons

1. Basic facts

A. The defendant is a stock company established on March 18, 198 and runs the business of cleaning liquid waste septic tanks, etc., and after its incorporation, he did not issue the share certificates until now.

B. Around February 2014, the total number of shares issued by the Defendant was 15,000 shares, among which D was 1,500 shares, E was 2,250 shares, F was 750 shares, and G was 2,250 shares.

C. On February 18, 2014, Plaintiff A entered into a contract with D to acquire 15,00 shares of the Defendant, 2,250 shares of the Defendant owned by it, and 750 shares of the Defendant owned by it from F, respectively. On the same day, Plaintiff A transferred KRW 22,222,50 to D with the purchase price of the shares, KRW 33,33,750, and KRW 11,111,250 to F, respectively.

Plaintiff

B entered into a contract with G to acquire 2,250 shares owned by it on the same day, and on the same day, remitted 33,33,750 won to G as the purchase price of the shares.

On March 11, 2014, the Plaintiffs sent to the Defendant a content-certified mail accompanied by a copy of a passbook stating the details of payment of the purchase price of shares and four copies of the share transfer contract as above and requested the Defendant to process all changes in shares due to the share transfer as of February 18, 2014, and the Defendant received the above content-certified mail on March 12, 2014.

E. On March 21, 2014, the Defendant held a general meeting of shareholders on March 21, 2014 without complying with the Plaintiffs’ request for change of entry, and amends the articles of incorporation to the effect that “shareholders may transfer their shares with the approval of the board of directors.” The Defendant registered the said contents on March 26, 2014 in the Defendant’s corporate register.

F. The Defendant: (a) transferred the entry of the Plaintiff with respect to the Defendant’s shares 750 shares held by F, but did not transfer the entry of each Defendant’s shares held by D, E, and G to the present day.

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