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(영문) 인천지방법원부천지원 2020.11.25 2020가단104448
주주명의개서절차이행청구의 소
Text

1. Between the Plaintiff,

A. As to the shares listed in Appendix 1, Defendant B:

B. Defendant C shall list attached hereto.

Reasons

A judgment on the cause of the claim against Defendant C and D entered into a title trust agreement with Defendant C on or around July 2, 1998 with respect to the shares listed in the separate sheet No. 2, and the Plaintiff entered into a title trust agreement with Defendant D on or around July 1997 with respect to each of the shares listed in the separate sheet No. 3 and No. 4, and the Plaintiff expressed his intent to terminate the above title trust agreement with Defendant C on February 13, 2020, and the Plaintiff expressed his intent to terminate the said title trust agreement with the delivery of a copy of the complaint of this case on March 9, 2020, it is deemed that the Defendants did not dispute the termination of the said title trust agreement without submitting a written response to the instant lawsuit.

Therefore, it is necessary to confirm that the Plaintiff and Defendant B had the Plaintiff’s right to the shares listed in the separate sheet No. 2, that the Plaintiff and Defendant D have the Plaintiff’s right to each share listed in the separate sheet No. 3 and 4 between the Plaintiff and Defendant D, and that there is a need to confirm that each company intends

Recognizing the determination of the cause of the claim against Defendant B, the Plaintiff is the representative director from the time of the establishment of the Plaintiff Company E (hereinafter “E”), and E is the total number of shares issued (10,000 won per share). Of them, the Plaintiff holds shares of 49% (19,600 shares) and Defendant B holds shares of 19.26%.

E continued to offer new shares on July 2, 1998. E’s corporate account was deposited with KRW 160 million on June 30, 1998 and KRW 45 million on July 2, 1998. On July 2, 1998, the Plaintiff’s account was deposited with KRW 160 million on July 2, 1998, and the Plaintiff’s account was deposited with KRW 45 million on the same day.

After that, on July 3, 1998, KRW 200 million was deposited in the E’s account, and the above KRW 200 million was used as capital increase for capital increase and was issued to Defendant B, Defendant B, and Defendant C, respectively.

Since July 5, 1998, the Plaintiff deposited KRW 140 million to E’s account.

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