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1. Of the instant lawsuit, the part of the Plaintiff’s claim for the performance of the procedures for share transfer against Defendant B and Defendant C is dismissed.
2.
Reasons
1. Basic facts
A. Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) established on April 6, 201 with the purpose of multi-family housing management business, etc. as a company established on April 6, 201, and the representative director at the time of establishment was the Plaintiff. (2) The Plaintiff resigned from the office of representative director on May 9, 201, and Defendant B was the representative director on the same day.
B. On November 19, 2014, Defendant C was registered as an intra-company director of the Defendant Company. 2) On November 20, 2014 between the Plaintiff and the Defendant C, the share transfer contract (Evidence A No. 4-2, hereinafter “instant transfer contract”) was prepared as follows.
1. On November 18, 2014, the transferor (the plaintiff, hereinafter the same shall apply) determined the price for the shares indicated below, which are the shares owned by the transferor, as KRW 100 million per day, and the transferee transferred the shares to the transferee (the defendant C; hereinafter the same shall apply), and the transferee was to take over the shares.
[Indication of Transfer and Acquisition of Stocks] Name of Company: Type and number of shares acquired by transfer and acquisition of D Company: Amount of 10,000 common shares: 10,000 won
2. The transferee paid KRW 100 million to the transferor at the time of the conclusion of this contract, and the transferor received this regularly.
3. Since the transferor has all authority over the shares to be transferred, the transferor cannot do all the acts of objection or interference with the transferee in exercising the share certificates.
C. According to the current shareholder registry of the Defendant Company, according to the current shareholder registry of the Defendant Company, 30,000 shares of the Defendant Company are currently owned by the Plaintiff, Defendant B, and Defendant C, as indicated below [Attachment 1].
(2) The number of shares held by Defendant B shall be 13,750 shares, and 10,00 shares owned by Defendant C (hereinafter “instant shares”). The number of shares held by Defendant C shall be 13,750 shares, and 10,000 shares owned by Defendant C, together, shall be 16,250 shares (hereinafter “instant shares”). The number of shares held by the shareholders shall be 13,750 shares and 10,000 shares totaled 30,000 shares owned by Defendant C 10,000
D. On January 6, 2017, directors and shareholders of the Defendant Company as of January 6, 2017, who were dismissed as directors of the Plaintiff, are both the Plaintiff and the Defendant B.