주권반환청구
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Basic Facts
A. C Co., Ltd. (hereinafter “C”) adopted a resolution for capital increase with a third party allotment to allocate 4,328,000 new shares (hereinafter “instant new shares”) to the Plaintiff.
B. On November 30, 2017, the Plaintiff paid the subscription price for new shares, and acquired the right to the new shares of this case on December 18, 2017.
C. On December 18, 2017, the D Bank, a transfer agent, is obligated to protect the compulsory deposit system with the Korea Securities Depository on December 18, 2017. The D Bank, which is a transfer agent, is a system that imposes compulsory storage of securities for a certain period of time and limits resale, and is divided into real deposit and compulsory deposit.
Unlike the actual examples of protection that a securities company opens an obligatory possession deposit account with the Korea Securities Depository when a securities company designates a securities company as a depositor, and en bloc deposits stocks by electronic means without issuing real stock certificates, the securities company takes place from the general account of a securities company to the account of transfer between accounts from the securities company to the account of transfer.
In addition, even when the securities are returned due to the expiration of the compulsory holding period, the real objects shall not be delivered, and the method of transferring securities between accounts shall be applied.
(1) A transfer agent or a bond registrar (limited to the Securities Depository; hereinafter the same shall apply) may, at the request of a stockholder, creditor, etc., request the deposit of securities, etc. by specifying the account of the depositor.
In such cases, when a transfer agent or a bond registrar has requested a deposit, the relevant depositor shall be deemed to have requested a deposit pursuant to Article 16 (1).
(2) Where the Securities Depository has notified a depositor of the fact of dealing with the deposit pursuant to paragraph (1), the depositor shall immediately enter the details thereof in the investor account book.
on December 18, 2018