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(영문) 대전고등법원 (청주) 2017.04.25 2016나11715
주식명의개서 절차이행
Text

1. Revocation of a judgment of the first instance;

The defendant shall enter "1. Stock Indication" in attached Table A to the primary plaintiff A.

Reasons

1. In the case of subjective preliminary co-litigation, a judgment shall be rendered on the claims related to all co-litigants pursuant to Article 70(2) of the Civil Procedure Act, but the first instance court's judgment is inappropriate to judge only the claims of the main plaintiff A among the claims of the main and conjunctive plaintiff, and the omission of judgment without judging the claims for the conjunctive plaintiff's house is inappropriate. The part of the claims for the conjunctive plaintiff's house for which judgment was omitted by the defendant's appeal against the judgment of the first instance court becomes a second instance, and the scope of the trial of this court shall affect all the claims of the main and conjunctive

2. Basic facts

A. On February 27, 2014, the Defendant entered into a business right acquisition agreement between the Plaintiff Young-si Housing and the Defendant, etc., (i) the construction business right of F and G ground apartment building from the Plaintiff Young-si Housing on February 27, 2014 (hereinafter “instant business right”).

(2) The Defendant agreed to receive KRW 200,000,000,000,000,000,000,000 won, out of the acquisition price to the Plaintiff-friendly housing. (2) The Defendant transferred 60% of the Defendant’s shares to the Plaintiff A, who was designated by the Yong-friendly housing, to secure the payment of the acquisition price to the Plaintiff-friendly housing.

B. Plaintiff A’s acquisition of shares pursuant to the instant business license agreement, and Plaintiff A entered into a contract for acquisition of 6,600 shares from E, a representative director and shareholder at the time of the Defendant’s acquisition, and 12,00 shares from C and D, a shareholder at the time of the Defendant’s acquisition (hereinafter “instant shares”), respectively (hereinafter “instant shares”), pursuant to the instant business license acquisition agreement, and each of the above contracts is “instant share transfer agreement”.

(2) Meanwhile, on October 13, 201, the Defendant was a stock company established for the purpose of real estate sales agency business, etc., and did not issue stock certificates regarding the relevant stocks.

C. Plaintiff A’s claim for notification of stock transfer against Plaintiff E, C, and D on November 2014.

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