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(영문) 창원지방법원밀양지원 2017.05.17 2015가단10457
증권
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendant Company was incorporated and registered as an executive officer of the Defendant Company 1) and the Defendant Company changed the name of the Defendant Company D (the address of the Defendant Company was changed to Sin-Gun, Sin-Gun on June 8, 2009, instead of Sin-nam on March 17, 2009).

A) At the time, Defendant B and F were established for the purpose of operating solar power plants, etc., and at the time, Defendant B and F were appointed as the representative director, among which they were appointed as the auditor, and G was appointed as the auditor on December 11, 2009. On January 18, 2010, H and I were appointed as the inside director, and I were appointed as the auditor, respectively. H and I retired on March 31, 2013.

3) On March 31, 2012, Defendant B retired respectively from the inside director and the representative director, but was appointed as the inside director on September 26, 2013, and became the only inside director of the Defendant Company. (B) At the time when the Defendant Company was incorporated, Defendant B issued the instant shares and held 2,500 shares among them, and Defendant B, 2,500 shares, and 500 shares, respectively.

2) around 2013, F and G have transferred the shares of the Defendant Company owned by themselves to Defendant B, and Defendant B currently holds the shares of this case, which are all the shares issued by the Defendant Company, as of the date of Defendant B’s transfer to Defendant B. 【The ground for recognition’s absence of any dispute, and evidence Nos. 1 through 8 (including serial numbers; hereinafter the same

(1) The entry of the evidence No. 15, the order or result of the submission of taxation information by this court on the Msansan Tax Office, the purport of the whole pleadings.

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1 is the actual owner of the instant shares, in which the Plaintiff primarily participated in the establishment of the Defendant Company and fully bears the relevant expenses, etc., and is the actual owner of the instant shares, and the title trust agreement was terminated by delivery of a copy of the instant complaint. As such, Defendant B is obligated to verify that the instant shares are owned by the Plaintiff, and the Defendant Company is obligated to implement the transfer procedure to change the name of the shareholder on the shareholder registry to the Plaintiff. 2)

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