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(영문) 부산지방법원 2018.09.12 2018나42696

주식명의개서절차이행

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff's grounds for appeal citing the judgment of the court of first instance do not differ from the allegations in the court of first instance. According to the evidence duly admitted and examined by the court of first instance, the fact-finding and judgment of the court of first instance are recognized as legitimate (the plaintiff has invested KRW 150 million in H Co., Ltd. through G (hereinafter "the investment money of this case") and transferred L Co., Ltd. (hereinafter "L")'s shares in return for its investment under title trust to the defendant, but the following circumstances acknowledged by the evidence - i.e., (i) there was a considerable interval between the time when the plaintiff remitted the investment money of this case and the time when L Co., Ltd. issued shares; (ii) there was considerable money transaction prior to this, and (iii) the plaintiff and G used the investment money for capital increase and title trust to the defendant according to the intention of the original defendant's decision, and thus, the plaintiff's ground for appeal citing this case's last 20 grounds for appeal is without merit.