logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.05.17 2016나49114
주주권확인등의 소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. As to the assertion that the Defendants are emphasized or added by the court of first instance, the reasons for the acceptance of the judgment are as follows: 2. The Defendants’ assertion and judgment are added to the Defendants’ assertion and judgment; and except for the following modifications, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

On the nine pages of the judgment of the first instance court, the part below 1-3 of the "Defendant F" (hereinafter referred to as the "Defendant F") shall be revised to the following 8.92% of the shares ratio by holding 1,784 shares in the files attached to this e-mail, and the shares ratio of the Defendant F is 28.94% by holding 5,787 shares, and the shares ratio of the Defendant F is 28.94%.

On the 10th of the judgment of the first instance court, the "(No. 3)" shall be deleted.

2. The defendants' assertion and judgment

A. Defendant F asserted that Defendant F’s claim for confirmation of the Plaintiffs’ shareholder rights against Defendant F against Defendant F was possible, and that there is no benefit of confirmation due to lack of complementary nature.

On the other hand, the transfer of shares before the issuance of share certificates under Article 335(3) of the Commercial Act is effective against the company at the expiration of six months after its incorporation. In this case, the transfer of shares takes effect only by the declaration of intention of the parties in accordance with the general principle as to the transfer of nominative claim (see, e.g., Supreme Court Decision 2003Da29661, Oct. 24, 2003). In this case, there is no procedure to require the parties to transfer shares to have the effect of the transfer of shares. Thus, there is no procedure to claim the transfer of shares in order to obtain the transfer of shares. Thus, the notice or consent of the transfer of the designated share transfer required before the issuance of share certificates is merely a requisite to take the effect of the transfer of shares between the parties, not a requirement to take the effect of the transfer of shares between the plaintiffs and the defendant F, but merely is a requirement

arrow