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(영문) 서울고등법원 2019.07.04 2018나2069296
주주확인등 청구의 소
Text

1. Revocation of the first instance judgment.

2. Of the instant lawsuit, the part demanding shareholder verification among the instant lawsuit and the Defendant’s February 23, 2018 respectively.

Reasons

1. Basic facts

A. The Defendant Company established around September 4, 2013 for the purpose of the gas station operation business, etc., and at the time of its establishment, the capital of the Defendant Company was KRW 20 million (50 million per share, and KRW 40 million per share).

B. Before the filing of the instant lawsuit, the shareholders of the Defendant Company changed as follows.

1) Around September 4, 2013, at the time of the incorporation of the Defendant Company, the list of shareholders (Evidence A No. 8), entered 1,600 shares out of 4,00 shares issued by G, 1,200 shares, and 1,200 shares held by J respectively. G transferred 380 shares out of 1,60 shares held on December 31, 2014 to K, 380 shares to K, and 380 shares to L, respectively. A transferred 430 shares out of 1,200 shares held on the same day to H, and 430 shares to M respectively.

Following the transfer of shares by the Defendant Company on February 28, 2015 (Evidence B No. 26), the 460 shares out of the 4,000 shares issued by the Defendant Company was listed as G, 1,200 shares, J, 380 shares, K, 430 shares, Mea, H, 380 shares, and 380 shares as F, respectively.

3) G transferred 450 shares out of 460 shares owned on March 31, 2017 to I. Following the transfer of shares, G entered into the list of shareholders (No. 30 shares) of the Defendant Company on December 31, 2017 as follows: G L, 790 shares out of 4,00 shares; G, 1,200 shares; K, 430 shares; H, 380 shares; L, 380 shares; and 380 shares to the Plaintiff. Meanwhile, G entered into the agreement on the transfer of rights and the transfer of rights between the Plaintiff on March 10, 2014 (No. 30 shares of the Defendant Company; No. 400 shares issued by the Plaintiff and the Plaintiff; and Defendant J. 28, 2016 (No. 4. 200 shares).

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