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(영문) 서울북부지방법원 2018.08.24 2017가단129145
주주권 확인
Text

1. It is confirmed that the Plaintiff and the Defendant have the Plaintiff’s right to the shares listed in the separate sheet.

2...

Reasons

1. Basic facts

A. On September 5, 1997, the Plaintiff established C Co., Ltd. (hereinafter “Nonindicted Company”) for the purpose of manufacturing and selling tents pipes, and around that time, the Plaintiff is the representative director of the said company.

At the time of incorporation of the non-party company, the capital was 50,000,000 won and the total number of issued shares was 5,000 shares.

Shareholders on 1998: (a) the number of shares owned (%) shares owned by Plaintiffs 2,250 45,000 404,00 40 D 750 150 13,750 18.33 20,166 18.3 E (the Plaintiff’s mother) 750 150 13,750 13,750 18.33 20,168 168.33 F (the Plaintiff’s wife) 500 7,500 7,500 11,000 11,000 G (the Plaintiff’s wife) 500 2,500 303,3630,365 30538,503636,530

B. The non-party company issued new shares with capital increase in 199 and 2001 and issued new shares [10,000 shares for each shareholder registered in the register of the non-party company as of the end of each quarter of 1999, ② the number of shares held by each shareholder and each shareholder registered in the register of the non-party company as of the end of each quarter of 2001 is as follows.

C. As of December 27, 2002, H entered into a share transfer contract on December 27, 2002 with the purport that the Defendant, H and his head, sold 11,000 shares of the non-party company to the Defendant at KRW 165,00,000 as of December 27, 2002. As of the end of 2002, the Non-party company’s register of shareholders entered H’s shares at zero shares, and the Defendant’s shares at 11,00 shares.

The number of non-party company companies: 11,000 common share face value per share: 10,000 won per share and per share at the request of a de facto shareholder with respect to the stock certificates of the company as stated above as of December 2002, but in fact the company was owned by the shareholder at the request of the de facto shareholder.

In the future, the rights of shareholders, the amount of shares, and the amount of capital increase due to the existence or absence of the shares, will not be claimed, and the share certificates will not be transferred without the consent of the actual owner, and if the actual owner requests the return of the share certificates, it will be returned immediately.

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