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(영문) 청주지방법원제천지원 2014.10.29 2014가단1061
주식명의변경절차이행
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. Facts constituting the premise

A. On December 2001, the Plaintiff is a non-corporate group consisting of the representative and executive officers, such as the decision-making body that is large club and village president, for the development of H such as increasing the income between residents of Seocheon-si H (hereinafter “H”) and raising joint funds.

B. At around 2008, Jeju City decided to entrust H residents with the right to manage and operate I facilities as part of the neighboring village support project while expanding I to H Day, and the J Co., Ltd. (hereinafter “J”) was established for this project.

C. The number of shares held by shareholders as of December 1, 2008 established by J is as listed below:

[mark] Defendant F 1,100 KRW 1,698,562 KRW 2 K 1,100 KRW 1,698,698,562 KRW 3 L 200 KRW 171,918 KRW 400 KRW 1,918 KRW 1,659,384 on December 1, 208, Defendant G 1,230 KRW 1,233,425 KRW 6 Defendant E 1,658,562 KRW 8N 400 KRW 1,658,562 KRW 80 on December 1, 208, KRW 200 KRW 3 KRW 1,7300 KRW 1,650, KRW 1,000 KRW 70, KRW 1,000 KRW 73,973, KRW 1,200 KRW 1,509 KRW 1,509 KRW 1,505 KRW 2005 KRW

D. On June 15, 2011, the Plaintiff paid money to Defendant F, etc. as stated in the said Table.

[Reasons for Recognition] A’s Evidence Nos. 1 through 6, Gap’s Evidence Nos. 11 and 12, Eul’s Evidence No. 3, the submission order and reply of this court’s No. 1, and the purport of the whole pleadings

2. The purport of the Plaintiff’s assertion is that the Plaintiff entrusted the H residents with the right to manage and operate I facilities as part of the neighboring village support project while expanding I in the H Institute. The Plaintiff established a J for the said project and intended to be its shareholder. On November 2008, the Plaintiff, including the Defendants, and the village residents, including the Defendant, were to have no money to pay the Plaintiff the Plaintiff’s share capital, and the Plaintiff would be the Plaintiff’s shareholder by lending the amount equivalent to the Plaintiff’s share capital to the Plaintiff. However, the said resident would actually pay the share capital to the J and become the nominal shareholder.

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