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Reasons
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(영문) 광주고등법원 (전주) 2018.06.28 2017나12320
주주명의개서절차이행 등
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1. The plaintiff's appeal and the claims added by this court are dismissed, respectively.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. 1) Status C, D, and E is simplified, and the Plaintiff’s spouse is C’s spouse. 2) The Defendant is a company established on May 3, 2002 for the purpose of distributing automobile parts, the total number of issued stocks is 20,000 shares (10,000 shares per share) and the capital is 200 million won.

At present, the representative director of the defendant company is E.

B. Around February 2004, D accepted the Defendant Company that was wholly owned by F in total amount of KRW 250 million. D out of the acquisition amount, D borrowed from C and paid KRW 100 million. On February 18, 2004, Defendant Company (J at the time representative director G, directorF) held a board of directors on February 18, 2004, and decided to transfer 8,000 of shares held by F to G, 12,00 shares to G.

On the same day, G was registered as a shareholder holding 8,000 shares and D 12,00 shares in the Defendant’s shareholder registry.

3) On February 18, 2004, D, E, and C were appointed as a director of the Defendant Company, and C, as an auditor of the Defendant Company. 4) G and E on June 18, 2004, drafted a share transfer contract with the effect that “G transferred 80 million shares to E and received the price determined.”

On June 18, 2004, the defendant company held the board of directors (the representative director G, directors E, and D at the time) and decided to transfer all of 8,000 shares of G to E.

On the same day, the register of shareholders of the defendant company was registered as shareholders E with 8,000 shares.

5) On July 1, 2004, G resigned from the representative director and director of the Defendant Company, and E was appointed as the representative director of the Defendant Company. (c) On April 15, 2005, the Plaintiff, D, and E, as to the shares of the Defendant Company, an agreement as follows (hereinafter “instant agreement”).

A) The agreement was signed by a notary public and received as a deed signed by a notary public in his office on the evidence A.1.

At the time of Kim Jong-si, I agree to distribute the shares of HH Defendant Company as follows:

A. L. L. L.I.

1. D: 55% of the total stocks;

2. The plaintiff: all.

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