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(영문) 서울중앙지방법원 2017.07.12 2016나80238
주식인도
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 1, 200, C Co., Ltd (hereinafter “instant company”) held an inaugural general meeting on April 1, 200 and appointed one of the Plaintiff, Defendant, D3, and auditors as a director, and opened a board of directors on the same day and elected Defendant and D as a representative director.

B. On November 29, 2000, the register of shareholders of the instant company entered 36,550 shares, D 6,160 shares, the Plaintiff 2,051 shares, and E 2,051 shares, among the total shares of 100,00 shares, as shareholders holding each share.

(hereinafter referred to as “instant shares”) C of the shares that the Plaintiff owned as above.

On April 1, 200, the Plaintiff completed the registration of appointment as a director of the instant company on November 15, 200, and completed the registration of resignation on November 29, 200.

D A. On April 1, 200, the registration of the appointment of a director of the instant company was completed, and he was dismissed on June 18, 2002, and completed the registration of his dismissal on June 22, 2002.

On April 1, 200, the auditor E completed the registration of his appointment as an auditor of the instant company on November 15, 200, and completed the registration of his resignation on November 29, 200. On November 15, 2000, he was appointed as a director of the instant company on November 15, 200, but retired on November 15, 200, and completed the registration of his resignation on November 21, 2006.

As above, the Plaintiff resigned from the position of director and retired from the instant company, and the Defendant instructed E to proceed with the procedures for returning the shares of the instant company, which are held by the Plaintiff.

E, as of July 14, 2001, entered into a share transfer agreement with the purport that the Plaintiff would transfer the shares of this case to the Defendant in KRW 10,255,000 (hereinafter “instant share transfer agreement”) and conducted procedures such as reporting the Defendant’s securities transaction tax base to the head of the competent tax office under the instant share transfer agreement on August 11, 201.

E. The register of shareholders of the instant company on December 31, 2003 stated that the Defendant owned 735,000 shares out of total shares 2.1 million shares, but the Plaintiff, D, and E.

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