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(영문) 서울동부지방법원 2015.06.26 2014가합105033
주식인도 등
Text

1.(a)

Defendant D’s face value of Defendant E Co., Ltd. issued in Defendant D’s name is 10,000.

Reasons

On May 1, 2009, Plaintiff A acquired the entire shares of Defendant E Co., Ltd. and the entire authorization and permission on the business site of solar power plants, and solar power generation business from F, the representative director of Defendant E Co., Ltd. (hereinafter “Defendant Co., Ltd.”), in total, KRW 420,000,000, and paid the purchase price to F until May 11, 2009.

On May 11, 2009, Plaintiff A was the representative director of Defendant Company; Plaintiff B, the wife of Plaintiff A, was the auditor of Defendant Company; Defendant D, the wife of Plaintiff A, respectively, was the internal director of Defendant Company.

Around that time, the shares issued by the Defendant Company were 25,000 shares, respectively, and the shares issued by the Plaintiff and Defendant D were entered as shareholders of 8,333 shares and 8,34 shares in the shareholder registry, respectively, and on September 3, 2012, Plaintiff B and Defendant D were entered as shareholders of 8,334 shares and 16,66 shares (hereinafter “instant shares”).

Plaintiff

B on May 21, 2014, Defendant D sold 8,334 shares of the Defendant Company in its name to KRW 83,340,000.

Meanwhile, Plaintiff B, instead of the purchase price, agreed to take over KRW 30,000 (150,000,000) of the shares of Defendant D (i.e., KRW 150,000) from Defendant D, and paid KRW 66,660,000 (i.e., KRW 150,000 - KRW 83,340,000) the difference between December 20, 2014.

Accordingly, on June 20, 2014, Defendant D was registered as a shareholder who owns all shares (25,000 shares) on the register of shareholders of the Defendant Company.

Defendant Company did not issue share certificates.

[Ground of recognition] A did not dispute, Gap's statements in Gap's 1 through 6, 10, 25, and 64 (including the provisional number), and plaintiff Gap's assertion of the purport of the whole pleadings held the title trust of the shares of this case to defendant D, and the title trust was terminated with the delivery of the complaint of this case.

Therefore, Defendant D seeks to verify that the shareholder of the instant shares is Plaintiff A, and seek implementation of transfer procedure by changing the shareholder name of the shareholder registry of the instant shares to Plaintiff A.

Judgment

The register of shareholders.

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