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(영문) 대구지방법원 2015.12.18 2015나4823
명의개서등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. Plaintiff A is the wife of Plaintiff C, and Defendant D is the wife of F (the representative director of the Defendant Company (hereinafter “Defendant Company”) who died on March 31, 2012; hereinafter “the network”).

B. The shares indicated in the separate sheet of shares (hereinafter “instant shares”) were registered in the name of the Plaintiff A on March 3, 2010 on the list of shareholders of the Defendant Company, and registered in the name of G on June 1, 2010, and in the name of Defendant D on August 31, 2010.

【Reasons for Recognition】 The fact that there has been no dispute, Eul's No. 16, and the purport of whole pleading

2. Determination as to Plaintiff A’s claim

A. The Plaintiff A’s assertion of the cause of the claim against the Defendants is as follows.

Plaintiff

A’s assertion of the cause of the claim as above.

1) Plaintiff B and C shall be the golf driving range of No. 301, 401, and 501 (hereinafter “instant golf driving range”) located in Daegu North-gu Seoul Special Metropolitan City, where Plaintiff B and the deceased are the representative director of the Plaintiff B.

(2) In the process of distributing the shares of the Defendant Company in the name of the Defendant Company, the Plaintiff acquired the shares of this case, which are 30% of the shares of the Defendant Company. (2) The Deceased prepared a share transfer contract with the effect that “the Plaintiff shall transfer the shares of this case to G” without the Plaintiff’s permission. Since the conclusion of the share transfer contract with respect to the shares of this case between G and Defendant D, the name of the shareholder on the register of shareholders of the instant shares was changed from the Plaintiff to G, and from G to the Defendant D.

3) The share transfer contract stating that “the Plaintiff A transfers the shares of this case to G” is written by the Deceased without the Plaintiff’s permission. As such, G cannot acquire the shares of this case, and even if G, an unentitled person, transferred the shares of this case to Defendant D, Defendant D cannot acquire the shares of this case. 4) The owner of the shares of this case is still the Plaintiff, and Defendant A is still the Plaintiff.

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