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(영문) 서울남부지방법원 2014.02.14 2012가합656
주주확인등
Text

1. The defendant shall hold 720,000 shares in the name of the defendant among 80,000 common shares of C issuance of Co., Ltd.

Reasons

1. Basic facts

A. The status of the parties (1) was established on June 1986, D Co., Ltd. (E around June 2002, F Co., Ltd., Jan. 19, 2009, and C on March 17, 2009, respectively; hereinafter “Nonindicted Co., Ltd.”) and taken office as the representative director, regardless of whether it was before or after the mutual change, the Plaintiff owned the total number of shares issued by the Nonparty Co., Ltd. 40,000 in the name of G and H, each of which is one of its own or its children.

(2) As examined below, the defendant asserted that he acquired the shares of the non-party company from the plaintiff and took office as a director and representative director of the non-party company on January 19, 2009, and the non-party company I was the defendant's friendship and was appointed as the auditor of the non-party company on January 19, 2009.

B. On March 31, 1999, the non-party company purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from the auction procedure and completed the registration of ownership transfer, and operated the “J”, which is a large leisure facility in the said real estate.

(2) On December 27, 2001, the Plaintiff and K have completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) with respect to one-half shares of each of the instant real estate on December 27, 2001. K donated the right to claim ownership transfer registration of one-half shares of the instant real estate to Lend who is his wife on February 12, 2007, and died on September 14, 2007.

C. Around January 13, 2009, the Plaintiff and the Defendant’s letter of commitment, etc. (1) drafted a letter of commitment under the Plaintiff’s name (hereinafter “instant letter of commitment”). Around January 13, 2009, the Plaintiff and the Defendant signed a letter of commitment under the Plaintiff’s name (hereinafter “instant letter of commitment”). The Nonparty Company’s corporate seal was affixed to the Plaintiff’s name.

2) Since the Plaintiff received KRW 36,000,000,000,000,000 for the acquisition price of the Plaintiff’s shares of Nonparty Company as the share purchase price, the Plaintiff agreed to transfer 36,000 shares to the Defendant by January 15, 2009. (3) The Plaintiff agrees to transfer 36,00 shares to the Defendant by January 15, 2009.

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