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(영문) 서울동부지방법원 2014.05.14 2013가합9756
주주지위확인청구 등
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1. Defendant C shall pay to the Plaintiff KRW 569,50,000 as well as 20% per annum from June 27, 2013 to the date of full payment.

Reasons

1. Verification of shareholder status and request for implementation of transfer procedures;

A. On June 2006, the Plaintiff’s assertion as the representative director of E Co., Ltd. (hereinafter “E”), entered into an agreement with Defendant C that “The Plaintiff will acquire the instant share in the name of Defendant C in the public auction procedure on the share of the Korea Real Estate Trust Co., Ltd. (hereinafter “instant share”) with respect to the 48.68% of the shares of the said building among the 3rd ground and the 6th ground-based G buildings in Dongdaemun-gu Seoul, Dongdaemun-gu, and the 48.68% of the shares of the said building site (hereinafter “instant agreement”).

The Defendant Company was awarded the instant shares in the name of the Defendant Company in accordance with the instant agreement, and thereafter paid KRW 45,000,000 to the deposit account in the name of the Defendant Company designated by Defendant C.

As above, the Plaintiff is deemed to have become one shareholder of the Defendant Company by acquiring the Defendant Company and paying the subscription price in full. As to each of the 10,000 shares (one share price of KRW 5,00,000, hereinafter “instant shares”) issued by the Defendant Company, each of the 5,00 shares (one share price of KRW 5,00,00, hereinafter “instant shares”) is registered as a shareholder in the shareholder registry of the Defendant Company, and the Plaintiff is disputing the shares of this case, the Plaintiff sought confirmation of the Plaintiff’s shareholder status against Defendant C and D, and seek implementation of the transfer procedure for the instant shares against the Defendant Company.

B. Determination 1) Evidence No. 1, Evidence No. 2-1 to 3, Evidence No. 3, Evidence No. 4-1, 2, and evidence No. 13, and evidence No. 15 (Defendant C’s seal image part is presumed to have been established as a whole, since there is no dispute as to the part of the seal impression.

The defendants are the defendants.

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