logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2019.05.02 2018가합103926
명의개서절차이행 청구의 소
Text

1. The defendant,

A. As to the shares listed in Paragraph 1 of the attached list to Plaintiff A, the name of the shareholder on the register of shareholders is the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant Company is a company established on December 13, 2001 and engaged in the general public bath business, etc. with the trade name of “E” in Ansan-si, Ansan-si.

B. On December 13, 2001, the Plaintiffs established the Defendant Company with capital of KRW 300,000,000 (the number of shares issued, KRW 60,000, per share value of KRW 5,000). Plaintiff A borrowed the name of F (the number of shares issued, KRW 60,00, KRW 5,000) and acquired 24,00 shares of the Defendant Company with the name of F (the number of shares issued, KRW 18,00,00). Plaintiff B borrowed the name of H and purchased 18,00 shares of the Defendant Company.

C. On December 16, 2003, the Defendant Company increased its capital of KRW 200,000,000 (number of shares issued, KRW 40,000, per share value of KRW 5,000) by means of a shareholder allocation, and F acquired its 16,00 shares among them, and Plaintiff B took over 12,00 shares by lending the name of H.

Accordingly, the Defendant Company’s shares held by the Plaintiff A in the name of F were 24,000 shares listed in [Attachment List No. 1]. The Defendant Company’s shares held by the Plaintiff A in the name of H were 30,000 shares listed in Annex List No. 2 (hereinafter “instant shares”).

Plaintiff

A around December 22, 2018, around December 22, 2018, expressed to F the intent to terminate the title trust agreement with respect to the instant shares No. 1, and Plaintiff B expressed to H that the said temporary border would terminate the title trust agreement with respect to the instant shares No. 2.1.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 5 to 10, and the purport of the whole pleadings

2. According to the above facts of determination, it is reasonable to view that the title trust agreement on the shares No. 1 and the title trust agreement on the shares No. 2 concluded between Plaintiff A and F was lawfully terminated with the Plaintiffs’ intention of termination.

Therefore, the defendant company changed the name of the shareholder on the shareholder registry to A with respect to the shares No. 1 of this case.

arrow