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(영문) 광주고등법원 2015.08.21 2014나2166
주식명의개서 청구 등
Text

1. Of the judgment of the first instance court, Defendant D. among the shares listed in the separate sheet against Defendant D and Defendant B against Defendant D.

Reasons

1. Basic facts

A. The Defendant Company is a company which completed the registration of incorporation on June 21, 199 for the purpose of reinforced concrete construction business, etc., and the total number of issued shares is 100,000 per share (10,000 per share) and share certificates are not issued.

B. On September 16, 2009, between the Plaintiff and the Co-Defendant C of the first instance trial (hereinafter “C”), the agreement was concluded between the Plaintiff and the Co-Defendant C of the first instance trial to purchase KRW 45,000 shares of the Defendant Company from C in KRW 450,00,000. At the time of the preparation of the said agreement, the Defendant D was present and signed on the agreement.

C. On December 16, 2010, Defendant D received KRW 50,000,00 from the Plaintiff, and received the said money from the Plaintiff as part of the purchase price of 10% (10,000 shares) of the Defendant Company’s shares; Defendant D filed a claim suit against the Defendant Company, etc. under the Gwangju District Court Decision 2009Ga66223, which had been pending at the time of the appellate trial, and prepared a receipt that transfers shares to the Plaintiff when the judgment on the claim was final and conclusive.

(The above litigation proceedings were concluded in favor of Defendant D on September 8, 201). D.

C and Defendant D above to the Plaintiff.

In addition to the receipt of this subsection, the following receipts were prepared and issued.

(1) On September 9, 2010, C’s sales contract amount of KRW 150,00,000, (2) on September 16, 2010, part of the purchase price of Defendant D’s shares of KRW 150,000,000, (3) on December 29, 2010, as part of the purchase price of KRW 30,000,000 among the purchase price of shares of Defendant D; and (4) on January 14, 201, as part of the purchase price of KRW 55,00,00,000 among the purchase price of shares of KRW 10,00,00,000 among the above shares; and (5) on January 25, 201, the intermediate payment of KRW 30,000,000,00 among the purchase price of shares of Defendant D’s shares of KRW 10,000,300,000.

E. From September 25, 2008 to January 7, 2011, the Plaintiff deposited a total of KRW 42,400,000 into the account in the name of Defendant D, E and C, etc.

F. On September 3, 2012, the register of shareholders of the Defendant Company: (a) the shares of the Defendant Company are 45,000 shares; (b) Defendant E is 10,00 shares; (c) G is 21,00 shares; (d) H is 15,00 shares; (e) I is 5,00 shares; and (e) J is 4.

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