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(영문) 인천지방법원 2018.11.06 2017가단8691
주식명의개서절차이행청구등
Text

1. Of the principal lawsuit of this case, the claim for confirmation of the shareholders' rights regarding the shares listed in the separate sheet against Defendant B.

Reasons

1. Basic facts

A. The relationship between the parties 1) Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”).

(2) On March 27, 1991, the Defendant Company was established for the purpose of civil engineering, construction, construction, etc., and the total number of shares issued by the Defendant Company is 15,000 (the par value per share 5,000 won). (2) Defendant C is the co-born of Nonparty F, who was the chairperson of the E Group, including the Defendant Company and D Company, before the Defendant Company’s default on its payment on or around October 2008, and the Plaintiff is F’s spouse.

3) On November 10, 2014, Defendant C was appointed as the representative director of the Defendant Company, but was removed from office on March 15, 2016. On July 27, 2018, the Plaintiff was appointed as the representative director of the Defendant Company. (B) On September 14, 2015, Defendant C entered into a contract with the Plaintiff to transfer 7,500 shares in the separate sheet (hereinafter “instant shares”) in the name of Defendant C (hereinafter “instant contract”), and the main contents thereof are as follows.

1. Name of a corporation to indicate stocks: The purchase price of 2,500 won per share for the stocks to be transferred by the defendant company [ Address: Nam-gu Incheon Metropolitan City G, 9th H]: 15,000 won for the stocks to be transferred: 7,500 won for common stocks: 18,750,000 won for each share;

2. Details of transfer or acquisition;

A. Defendant C transfers the shares listed in the above Paragraph 1 to the Plaintiff.

B. 15,00 shares of the Defendant Company are those of Defendant C and Nonparty IF, who served as the representative director of the Defendant Company from March 15, 2016 to January 22, 2018.

The shares of this F are held in title trust with 50% each, which will be returned to a person designated by the truster.

(c) 4,400 shares, 15,000 per cent of the total shares of the Defendant Company, F, to Defendant C.

(Provided, however, this transfer is to take effect on September 14, 2015 by the Defendant Company’s shareholder registry (hereinafter referred to as “the instant transfer”) on the date when F was transferred to I by way of termination of trust. (2) The Defendant Company’s shareholder registry (hereinafter referred to as “the instant transfer”).

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