logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.02.16 2014가단133918
명의개서절차이행 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts do not conflict between the parties, or comprehensively taking account of Gap evidence Nos. 1 through 6, Eul evidence Nos. 8 to 14 [No. 14 (A. B. the agreement on stock transfer and takeover) is recognized as the authenticity of the plaintiff's name according to the result of the written appraisal by this Court], evidence Nos. 18, 19, 23, 44-1 to 20 (the plaintiff's seal is presumed to be the authenticity of the plaintiff's name), and the purport of the whole pleadings in witness E's testimony, the following facts can be acknowledged.

In the process of the change in the ownership of the shares of Defendant B Co., Ltd., Defendant B was established on April 1, 1992. At that time, the shareholders on the shareholder registry at that time stated F, G, H (Defendant I’s wife), and the Plaintiff’s shares (5,000 shares each 7,50 shares each), respectively.

Complement G transferred the entire shares to H on November 28, 1992, and F transferred the entire shares to J on March 5, 1993.

Consolidatedly, on September 28, 200, the entire shares (50%) were transferred to Defendant D on September 28, 200, and the entire shares (25 per cent) between the Plaintiff and J were transferred to Defendant D on September 30, 201, and Defendant D owned the entire shares of Defendant B.

B. (1) The defendant C Co., Ltd. was established on March 19, 196. At that time, the defendant C Co., Ltd. stated that the defendant B owns 40% (16,000 shares out of total 40,00 shares), the plaintiff, J, and K own 20% (8,00 shares) respectively.

on December 30, 1997, Defendant B transferred 12,00 shares of Defendant C to L, and 4,000 shares to the Plaintiff respectively. K transferred 8,00 shares to Defendant D on December 30, 1999, and L transferred 8,00 shares to Defendant D on November 30, 200 and 4,00 shares to Nonparty M respectively.

Defendant C issued 20,00 shares with capital increase on April 2001. As a result, Defendant C issued 18,00 shares, J 10,00 shares, Defendant D 24,00 shares, and M 6,00 shares.

arrow