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(영문) 수원지방법원 2018.04.12 2016나79380
명의개서절차이행
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The application for participation by an independent party intervenor shall be dismissed in all;

3...

Reasons

1. (1) The plaintiff is the wife of the non-party H, and G, the representative director of the defendant company and the intervenor of the independent party (hereinafter “G”) are the same as H’s birth, and the plaintiff and G are in the same birth relationship with the number of inmates.

(2) H is engaged in the past construction business.

Since August 194, 1994, G was employed as an employee of K and was mainly in charge of accounting affairs. However, the company became bankrupt as the construction economy was omitted due to the financial crisis around 1997, and H became one of the bad credit holders and was difficult to re-established the company in its own name.

(3) Accordingly, G decided to establish a new construction company with the Plaintiff and H, and on January 11, 200, established the Defendant.

Since the establishment, the total number of shares issued by the defendant is 30,000 common shares, 10,000 won per share, and 300,000 won capital.

G was the representative director of the defendant, and the plaintiff was appointed as the auditor around that time.

(H) (4) At the time of the establishment of the Defendant, the shareholder registry entered as a shareholder G 10,500 shares, Plaintiff 10,000 shares, and Nonparty J 500 shares, which were living with G, respectively, at the time of the establishment of the Defendant.

At that time, G, the plaintiff, I, and J agreed that shares of 9,000 shares in I and 500 shares in J have been held in title trust.

(J) Although the beneficial shareholder of 500 shares in the name of J agreed to G, the Plaintiff and G are not aware of whether the beneficial shareholder of 9,000 shares in I were agreed to be a beneficial shareholder of 9,00 shares in the name of G. (5) In order to resolve the problem corresponding to oligopolistic shareholders in excess of 51/100 of the total number of shares issued at 20,500 shares in total, and the number of shares held in trust with the title trustor around March 20, 202 as follows.

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