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(영문) 전주지방법원군산지원 2016.01.28 2015가합10167
사원권 확인의 소
Text

1. The request is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. C was established on July 30, 2002. At the time, the Plaintiff acquired 6,000 units of equity and 4,000 units of equity at the time, and the register of members and the articles of incorporation were completed.

B. After that, on January 20, 2005, the minutes of the general meeting of partners were prepared that the number of contribution units in the Plaintiff’s name was transferred to the Defendant, and the above 6,000 units are currently registered in the name of the Defendant in the current list of members of C.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2

2. Although the defendant asserts that there is no benefit in the lawsuit of this case since C is currently in the state of closure of business, unless there is any assertion as to the fact that C is dissolved and the liquidation procedure has been completed, the lawsuit of this case against the employee's right still exists a benefit in the lawsuit of this case. Therefore, the defendant's defense of this case is without merit.

3. Judgment on the merits

A. On the premise that the Plaintiff was entitled to the instant membership rights, the Plaintiff sought implementation of the procedure for the change of name as to the 6,000 shares in the name of the Defendant.

In the case of acquisition of shares of a limited company, as in the case of acquisition of shares of a limited company, the transferee of shares of a limited company is to prove that he is a legitimate transferee and to request the transfer company to change the name of the register of members, and it is not possible to seek a change in the name against the transferor. Therefore, this part of the Plaintiff’s assertion is without merit without examining

B. On the other hand, the part concerning the claim for confirmation of membership rights as to the 6,000 shares under the name of the defendant was asserted by the plaintiff, and since the 6,000 shares under the name of the defendant was trusted in title to the defendant, the plaintiff terminated the title trust by the lawsuit in this case, and pursuant to Article 7 of the C's articles of incorporation, the shares of the members may be transferred only when a resolution of the general meeting of members is made. The 6,000 shares

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