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(영문) 부산지방법원 2016.06.01 2013가합49957
주식반환 및 주식명의개서 절차이행
Text

1. Of the instant lawsuit, the part of the Plaintiff’s claim for the performance of the procedures for transferring shares against the Defendants is dismissed.

2...

Reasons

1. Basic facts

A. Party relations 1) E Co., Ltd. (hereinafter “E”);

Corporation F established for the purpose of petroleum trading business, etc. (hereinafter “F”).

A) A company whose trade name has been changed, is a corporation operating accommodation facilities of the name “H” located in Samsung-si. 2) A Co., Ltd. (hereinafter “E”) established to operate H with Defendant D, the wife of I, as an internal director. However, unlike the purpose of its establishment thereafter, it acquired the preferential right to benefit from the building located in Busan Metropolitan City Maritime Daegu (hereinafter “instant preferential right to benefit”).

3) The Plaintiff is collectively referred to as “each of the instant companies” and “E.”

Defendant B was in charge of the operation and management, and Defendant B was the representative director and E, and Defendant C was working for H. B. (B) Of the 10,000 shares issued by each of the instant companies, 5,100 shares out of the 10,000 shares issued by Defendant B, Defendant B, and Defendant B, on October 23, 2013, assigned the said 3,100 shares out of the said 5,100 shares to Defendant C, and 4,000 shares out of the said 4,90 shares and the remaining 90 shares to Defendant C, respectively.

2) On July 26, 2013, when Defendant D held all shares 5,000 shares issued by E, Defendant D transferred all the shares 5,000 shares to Defendant B, and Defendant B transferred 2,50 shares to Defendant C and D on October 23, 2013, respectively. Separately, the shares held by Defendant C2,500 shares on the list of shareholders on the list of shareholders of 10,000 shares issued by E and the number of shares held by Defendants C2,500 shares, Defendant C4,500 shares, Defendant C2,500 shares, Defendant D2,500 shares, and Defendant D4,00 shares on the list of shareholders of each of the instant companies, are as listed below.

[Ground of recognition] Facts without dispute, Gap evidence 20, 21 (including additional number), Eul evidence 1, 2, and 6, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff is a substantial shareholder of each of the instant companies, and to Defendant B, 5,100 shares of E and 5,000 shares of E, and K.

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