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(영문) 서울고등법원 2015.01.29 2013나73584
주주권확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On September 29, 2005, the Plaintiff, along with D, E, and F, established Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with a capital of KRW 50 million and a number of issued stocks of KRW 10,000. The Plaintiff, D, E, and F owned shares of KRW 25%.

B. At around 2007, E transferred the shares in the Defendant Company to the Plaintiff, D, and F after being given the management rights of the Plaintiff, D, and F, and thereby, the Plaintiff, D, and F acquired 1/3 of the shares in the Defendant Company.

Around December 2008, Defendant Company changed its capital amount to KRW 600 million and the number of shares issued to 120,000 through capital increase with capital increase.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The parties' assertion

A. The plaintiff asserted that around October 2008, the plaintiff purchased shares of 1/3 of the total shares of the defendant company held by F in 201,00,000 won, and acquired shares of 2/3 of the total shares of the defendant company, and held shares of 2/3 of the defendant company, and held shares issued by the defendant company in accordance with the above shares ratio and held shares of the defendant company under title trust with D, H, and I. However, on June 24, 2010, the defendant C, who was in a de facto marital relationship with the plaintiff, held shares of 2/3 of the total shares of the defendant company held in title with D, H, and I using the plaintiff's seal imprint certificate, to replace the truster of 2/3 of the total shares of the defendant company held in title trust with C from the plaintiff to the defendant. Since the above agreement is null and void, the defendants asserted that the plaintiff is obligated to issue shares of the defendant company to the plaintiff as a whole among the shares of the defendant company.

B. As to the defendants' assertion, the defendants' agreement of this case is duly formed by signing and sealing the plaintiff's seal impression as the confirmation agent, and the defendant C is the defendant.

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