주권인도
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The relationship between the parties 1) C Co., Ltd. (hereinafter “C”).
(2) On April 25, 2002, the Defendant was the representative director of C, and the Plaintiff is the internal director of the said company.
B. C’s stock holding relationship 1) At the time of establishment, issued 2 million shares. The Plaintiff paid the purchase price of the above shares, but the register of shareholders entered that the Defendant, etc. acquired the shares of the above company as follows. Since the holding quantity of the shares owned by Defendant 1, 1,00,000 shares, the Defendant transferred 10,000 shares out of its shares to I, 2,000 shares to the Plaintiff, and 7,00 shares of C were owned by the Defendant, etc.
3) C decided to grant free increase of 50% of the shares on November 9, 2010, and accordingly, the Defendant came to hold 1,185,00 shares of the said company. 4) Meanwhile, C had to grant free increase of 50% of shares on March 28, 2014.
C. Meanwhile, C was listed on the KOSDAQ market around August 2007.
[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including each number, if any), the purport of the whole pleadings
2. At the time of establishing C, the Plaintiff’s gist of the Plaintiff’s assertion: (a) lent the Defendant’s name to acquire the instant shares; (b) through the instant complaint, the Plaintiff and the Defendant terminate the title trust agreement
Therefore, the defendant is obligated to deliver to the plaintiff the share certificates listed in the attached list that the plaintiff seeks as part of the shares held by the defendant in accordance with the above title trust agreement among the shares held by the defendant C.
3. Determination on this safety defense
A. On August 11, 2009 and April 12, 2012, the Plaintiff’s summary of the Defendant’s assertion recognizes that all shares of C in the name of the Defendant are owned by the Defendant, through each agreement with the Defendant.