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Reasons
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(영문) 제주지방법원 2018.12.13 2017가합11502
회사에 관한 소송
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1. All of the instant lawsuits are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff and D were legally married couple who completed the marriage report on February 11, 2008, but the agreement was married on April 28, 2015. Defendant C Co., Ltd (hereinafter “Defendant C”)

The representative E is the Plaintiff’s birth, and Defendant B is the F’s spouse, the words of Defendant D. 2) Defendant C was established on June 21, 2005 for the purpose of wind power generation business, etc. and is deemed dissolved pursuant to Article 520-2(1) of the Commercial Act (Dissolution of Dormant Company) on December 1, 2015.

B. Defendant C’s issuance of 1,00 shares was 10,00 shares, and the details of shareholders’ change on the list of shareholders are as listed below. On June 22, 2005, G (40,00 shares), H (25,000 shares), I (8,000 shares), J (5,00 shares), K (50 shares) on October 8, 200, E (1,600 shares, L200 (1,60 shares), G (8,000 shares), G (5,000 shares), G (5,000 shares), 200 shares (5,00 shares) on June 20, 200, G (5,000 shares) on the list of shareholders, and transfer them to Defendant C’s 40,000 shares (5,000 shares), 500 shares (5,000 shares) on the list of shareholders, 5000 shares (5,000 shares) on the list of shareholders.

[Reasons for Recognition] Facts without dispute, Gap 1, 4 evidence, Eul 1, 2, 3 and 13 evidence, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The gist of the Plaintiff’s assertion was that the Plaintiff trusted Defendant C’s 50,400 shares (hereinafter “instant shares”) to D, and D re-titled the said shares to Defendant B on June 2009.

Defendant B entered into each contract on the transfer of the above shares to E andO, and each of the above transfer contracts is null and void since Defendant B and E andO entered into a prior agreement or a false representation without D’s prior consent or approval, or ② A and E are in collusion with each other, and thus, this case’s transfer contracts are in the name of E andO.

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