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(영문) 대구지방법원 2015.02.13 2013가단468
명의개서등
Text

1. It is confirmed that the primary Plaintiff A and Defendant D are shareholders of shares listed in the separate sheet.

Reasons

1. Facts constituting the premise for judgment;

A. Plaintiff A is the wife of Plaintiff C, and Defendant D is the wife of F (the representative director of the Defendant Company (hereinafter “Defendant Company”) who died on March 31, 2012; hereinafter “the network”).

B. The shares listed in the attached list (hereinafter “instant shares”) were registered in the name of the Plaintiff A on March 3, 2010 on the list of shareholders of the Defendant Company, and registered in the name of G on June 1, 2010, and in the name of Defendant D on August 31, 2010.

[Ground of recognition] The fact that there has been no dispute, Eul's No. 16, the purport of the whole pleading

2. Determination as to Plaintiff A’s claim

A. The Plaintiff A’s assertion of the cause of the claim against the Defendants is as follows.

Plaintiff

A’s assertion of the cause of the claim as above.

(1) Plaintiff B and C entered into an agreement with the deceased to jointly operate the JJ set forth in the name of the Defendant Company “J set forth in Nos. 301, 401, and 501 (hereinafter “instant golf driving range”) located in the Daegu North-gu, Daegu-gu, where Plaintiff B was the representative director of the Plaintiff Company B, and the Plaintiff A acquired the instant shares of which 30% out of the Defendant Company’s shares in the process of distributing the Defendant Company’s shares in accordance with the agreement.

(2) The Deceased, without the Plaintiff’s permission, prepared a share transfer contract with the content that “the Plaintiff A transfers the instant shares to G,” and thereafter, as a share transfer contract was concluded between G and Defendant D with respect to the instant shares, the name of the shareholder on the shareholder registry of the instant shares was changed from Plaintiff A to Defendant G, and from G to Defendant D.

(3) The share transfer contract stating that “the Plaintiff A transfers the instant shares to G” is prepared by the Deceased without the Plaintiff’s permission. As such, G cannot acquire the instant shares, and even if G, an unentitled person, transferred the instant shares to Defendant D, Defendant D cannot acquire the instant shares.

(4) The owner of the instant shares is still the Plaintiff.

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