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(영문) 서울남부지방법원 2015.12.04 2014가합13731
주주권확인 등
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Determination as to the cause of claim

A. The Plaintiffs’ assertion that Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) was established by F, and F transferred the entire shares (60,000 shares) of the Defendant Co., Ltd to G on December 20, 2012. G transferred all the shares of the Defendant Co., Ltd to Plaintiff C on July 21, 2014, and Plaintiff C transferred 18,000 shares of the Defendant Co., Ltd on the same day to H, Plaintiff A and B, respectively.

Therefore, since the shares of the Defendant Company are currently owned by H, Plaintiff A, and Plaintiff C, respectively, 18,000 shares and 6,000 shares, the Defendant Company is obligated to obtain confirmation of the aforementioned shares ownership relationship and to implement the transfer procedure accordingly.

B. The Plaintiffs asserted that the Defendant Company’s shares were acquired from G that received the entire Defendant Company’s shares from F. However, the fact that F was consistent with the fact that F transferred the entire shares of the Defendant Company to G on December 20, 2012 is difficult to believe that the entry of No. 1-1 (stock transfer contract) of the evidence No. 1 is written [including the number in each case) No. 1, No. 2, No. 1, 4, 5, 15, 16 (including the number in each case), in full view of the purport of the oral argument as a whole, that the date of issuance of the certificate of seal No. 1-1 of the G name attached to the evidence No. 1-1 (Evidence No. 1-2 of the evidence No. 1-2) is inconsistent with the date of a stock transfer contract between G and the Plaintiff (the date of issuance of the certificate of seal No. 2-1 of the above G name).

On July 25, 2013, F and E entered into a share transfer agreement with the Defendant E to transfer the entire shares of the Defendant Company. F are Defendant E in the Seoul Western District Court Decision 2014S2413 shareholders' rights verification conciliation case against the Defendant Company, Seoul Western District Court Decision 2014S2413 shareholders' rights verification conciliation case against the Defendant Company, the Seoul Western District Court Decision 2014S26 non-conven6 shareholders' meeting permission case with the Defendant Company as the principal of the case, and the 2015Shap10018 shareholders' meeting convening.

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