(영문) 대구지방법원서부지원 2017.10.18 2017가단53054

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(영문) 대구지방법원서부지원 2017.10.18 2017가단53054

주식명의개서 청구의 소

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1. All of the plaintiffs' lawsuits of this case are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On July 30, 1991, the plaintiffs' assertionF established H (the trade name before the change: I; hereinafter "the company of this case") with the defendant's misleading, and operated the company. In the process, G transferred the shares in the separate sheet, which are the shares of the company of this case held by it, to the defendant (hereinafter "the shares in this case").

Since then, G borrowed KRW 140 million from F on February 2, 201, and agreed to transfer the instant shares held by the Defendant to F in the event that G fails to repay the above borrowed amount in the future as a security. Accordingly, at that time, G was drafted a contract for transfer and acquisition of the instant shares between F and the Defendant’s agent.

(hereinafter referred to as “instant agreement.” However, on December 22, 2016, F died after having left the Plaintiffs, who are their spouse, the Plaintiff A and their children, as his heir, and G did not pay the said loan obligation until the date of closing argument in the instant case.

Therefore, according to the instant agreement, the Defendant is obligated to implement the transfer procedure on the register of shareholders with respect to each of the shares stated in the Plaintiffs’ claim for the portion of the shares in question, which are the F’s heir.

2. The change of entry in the register of shareholders is merely a requisite for setting up against the shareholder to exercise the shareholder's rights in relation to the company. Thus, the person who has lawfully acquired the company's shares is the shareholder of the company regardless of entry in the register of shareholders, and barring any special circumstance, it is sufficient to request a change of entry in the register of shareholders by proving that he/she has acquired his/her shares independently without obtaining the cooperation of the transferor, etc., and in this case, the transferee of the shares does not request a change of entry against the company

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