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(영문) 서울중앙지방법원 2021.02.04 2020가합567097
주식양도무효확인의 소
Text

On October 21, 2019 between the Plaintiff and Defendant B, a share transfer contract between the Plaintiff and Defendant C and October 21, 2019.

Reasons

1. Basic facts

A. Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company with the purpose of transportation business, trade business, etc.

B. As of March 31, 2019, Defendant D held 20,000 shares issued. Among them, the Plaintiff held 9,000 shares (45%) and 5,500 shares (27.5%) respectively.

(c)

Around October 21, 2019, E, the father of the Plaintiff, took place the place of the Plaintiff’s seal impression, and transferred 6,500 shares among the Defendant D’s shares owned by the Plaintiff to Defendant B in KRW 97,50,000, and drafted a written contract for acquisition of each share of KRW 2,500 out of the Defendant D’s shares owned by the Plaintiff to Defendant C (hereinafter the above two shares transfer contracts are collectively referred to as “each share transfer contract,” and collectively referred to as “each share of this case”).

E reported each of the instant shares transfer contracts at the competent tax office around October 23, 2019, and accordingly, the procedure was completed in the name of Defendant B and C for each of the instant shares.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 8, and the purport of the whole theory

2. According to the above facts of recognition, each of the instant shares transfer contracts are null and void as an act of disposal by an unentitled person, and there is a benefit to seek confirmation as long as the Defendants are disputing this.

Therefore, Defendant D is obligated to implement the procedure under the name of the Plaintiff as a genuine owner of each of the instant shares.

3. In conclusion, the plaintiff's claim is with merit, and it is decided as per Disposition by admitting it.

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