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(영문) 서울북부지방법원 2014.09.25 2013가단103237
주주권확인 등
Text

1. It is confirmed that the shareholder's rights of the shares listed in the separate sheet are the Plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. Nonparty C, who is his father and wife, married with the Defendant on July 28, 2010, and D (hereinafter “Nonindicted Company”) is a family company with the total amount of KRW 200 million established on April 12, 201.

At the time of the incorporation of the non-party company, the plaintiff and the defendant held 10,000 shares of the non-party company, each of 50% of the shares of the non-party company, and the defendant was registered respectively as the representative director, the director, and the plaintiff's wife

B. Of the 20,000 shares issued by Nonparty Company, 2,000 shares owned by the Defendant and 4,000 shares owned by the Plaintiff were transferred in the name of C on September 16, 201, and the said facts were reported to the competent tax office on March 27, 2012.

C. On April 11, 201, the day before the incorporation of the non-party company, the right to collateral security under the name of Seongdong-gu Seoul Agricultural Cooperative, Seongdong-gu, Seoul, with the maximum debt amount of KRW 144 million, was established regarding the Plaintiff’s wife G and 501, and the said right to collateral security was used as the acquisition price of shares at the time of incorporation of the non-party company with the money loaned as collateral.

The debtor of the above right to collateral security was the defendant first, and was changed to F on October 10, 201, and F on January 16, 2013 to the plaintiff for each contract acceptance.

In addition, on April 12, 201, which was the date of the establishment of the non-party company, the KRW 80 million was transferred from the account in the name of the plaintiff's wife.

The defendant asserts that the non-party company was obligated to cancel the transfer of the shares 2,000 shares of the non-party company held by the defendant without the fact that they were transferred to C, and that the name was transferred, the non-party company was obligated to perform the procedure of entry of the change of the name of the defendant. On February 8, 2013, the defendant filed a lawsuit to nullify the change of the name of the non-party company as Seoul Northern District Court 2013Gahap20254 against the non-party company. On July 9, 2014, it is reasonable to view that the non-party company's shares 10,000 shares of the non-party company held by the defendant were trusted in the name of the defendant. Thus, the transfer of the transfer of the name of 2,00 shares of

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