1. The defendant shall have the share certificates of 7,900 common shares of 10,00 won per share issued by the defendant in the name of B (C).

Facts of recognition

B holds 7,900 common shares of the Defendant (hereinafter “instant shares”), and the Defendant did not issue the said shares until now.

On August 18, 2016, the Plaintiff seized the instant shares with the Plaintiff’s taxation claim against B as enforcement bond, and notified the Defendant thereof. The notification was served to the Defendant around that time.

B did not pay national taxes of KRW 111,862,720 as of October 31, 2016.

(Reasons for recognition) Facts without dispute, entries in Gap evidence 1 through 3, the purport of the whole pleadings.

Judgment

Since a company issues share certificates without delay after its incorporation or after the due date of new shares (Article 355(1) of the Commercial Act), shareholders may claim against the company for the issuance of share certificates, and compulsory execution against the rights to shares before the issuance of share certificates shall be effected by issuing an order to deliver the shares to the execution officer entrusted with the shareholder's share certificates if the company issues share certificates after the shareholder who is the debtor attached the right to claim the issuance of share certificates against the company.

(Supreme Court Order 73Ma332 Decided December 28, 1974). Moreover, when the Plaintiff seized a claim for the collection of delinquent national taxes, the obligee, who is the defaulted taxpayer, may subrogate the obligee.

(2) Article 41(2) of the National Tax Collection Act provides that the Plaintiff may file a claim against the Defendant for the issuance of the instant share certificates in subrogation of the Defendant’s shareholder B. Thus, the Defendant is obligated to issue the instant share certificates to B and deliver the issued share certificates to the Plaintiff as the subrogation of B.

The plaintiff's claim is accepted.