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(영문) 부산지방법원 2016.07.07 2015가단57191
주식인도
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation established for the purpose of construction business, etc. on November 21, 2007. Defendant B and the Plaintiff, as promoters of the Defendant Co., Ltd., maintained their representative positions from the time of establishment to the date of the appointment as the representative director of the Defendant Co., Ltd., and the Plaintiff was in office as a director from the time of establishment of the Defendant Co., Ltd. (registration as an inside director from March 19, 2010 to March 19, 2013) and retired from the Defendant Co., Ltd. on May 2015.

B. At the time of the incorporation of the Defendant Company, 10% of the total shares issued in the name of the Plaintiff (hereinafter “instant shares”) and D, and the remaining 80% of the shares were listed in the register of shareholders under the name of the Defendant B. However, around March 2013, the transfer of ownership was made in the name of the Plaintiff and D for each shares in the name of the Plaintiff and D.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, witness D's testimony, the purport of the whole pleadings

2. The parties' assertion

A. On May 2007, the Plaintiff, who was employed by Defendant B as a technical director of the E-stock company, was employed as the director of the construction site of the F building in Busan Dong-gu, Busan, and Defendant B established a new construction company to the Plaintiff and established the Defendant Company together with the work defective. The Fice Newly completed the construction work well, thereby obtaining the above 204 building free of charge from the owner of the building and using it as the office of the Defendant Company, Defendant B granted the instant shares to the Plaintiff and registered as the director.

However, Defendant B, a registered director, arbitrarily transferred the instant shares using the seal imprint certificate and a certificate of personal seal needed for the work of the Defendant Company, so the Defendant Company is obligated to implement the transfer procedure of the instant shares to the Plaintiff, and Defendant B is obligated to deliver the instant shares to the Plaintiff.

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