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(영문) 수원지방법원 여주지원 2018.10.31 2017가합6374
주주권확인 등
Text

1. The plaintiff's main claim against the defendants is dismissed.

2. The Plaintiff’s lawsuits against Defendant B, C, and D respectively.

Reasons

1. Basic facts

A. Between F and F on May 12, 2014, G entered into a share transfer agreement with the content that the shares issued by Defendant E Co., Ltd. (hereinafter “Defendant E”) are transferred in KRW 300,000 (hereinafter “stocks”) to KRW 300,000,000 in consideration of the shares issued by Defendant E (hereinafter “Defendant E”) and the Plaintiff entered into a share transfer agreement with the content that the shares are transferred in KRW 210,000 in consideration of the shares, and the transfer procedure was completed as a result of each share transfer.

B. On July 10, 2014, F entered into a share transfer contract with Defendant B with the content that shares of 20,000 won were transferred to KRW 200,000,000, and the transfer procedure following the said share transfer was completed.

F On July 10, 2014, the Plaintiff entered into an agreement on the transfer of shares between the Plaintiff and the Plaintiff to transfer KRW 310,000 to KRW 310,000,000, respectively, but the said transfer of shares was not completed.

C. As to 31,00 shares that were transferred to the Plaintiff as above, around January 2016, F entered into an agreement on share transfer and takeover between Defendant B with the content that 11,00 shares transferred to KRW 55,00,000,000, and the share transfer and takeover agreement between Defendant C with the content that 10,000 shares transferred to KRW 50,000,000 among the shares, and the share transfer and takeover agreement between Defendant D with the content that 10,000 shares transferred to KRW 50,000,000 among the shares transferred to the Plaintiff was completed at that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-8, Eul evidence Nos. 4, 5, 12 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment as to the main claim

A. On May 12, 2014, the Plaintiff trusted 51,000 shares of 21,00 shares owned by the Plaintiff and 30,000 shares, which were trusted under the name of G, to F. On July 10, 2014, the Plaintiff transferred 20,00 shares out of the shares, to Defendant B.

The remaining shares of 31,000 shares (hereinafter “the shares of this case”).

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