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(영문) 수원지방법원 안양지원 2018.09.19 2015가단114058

주식양도청구

Text

1. The Defendant expressed his intent to transfer 6,000 common shares to the Plaintiff Co., Ltd.

2. The defendant shall C.

Reasons

1. Basic facts

A. C Co., Ltd (formerly changed: D; hereinafter “C”) purchased 162,04 shares of F Co., Ltd. (hereinafter “F”) from E Co., Ltd. (hereinafter “E”) in the registered common shares of KRW 2,220,002,80,80.

B. On April 3, 2008, C’s shareholders G, H, I, etc. sold to the Plaintiff and J 23,000 won per share the total issued shares of the said company at KRW 5,000 per share.

Of C’s shares, the 15th 3,000 shares of the same month were changed to the Plaintiff’s live-in K’s name, 2,000 shares were changed to the name of L, 4,000 shares, and 10,000 shares were respectively changed to the name of M. Dec. 26, 2008, 2,000 shares were changed to the name of father N, 2,000 shares were changed to the name of K, and 2,000 shares were respectively changed to the name of K.

C. C around October 2009, sold F’s 162,04 shares to P Co., Ltd. (hereinafter “P”) at KRW 9,500,000.

O on October 31, 201, transferred 6,00 shares in the name of the principal to the Defendant.

E. The Plaintiff filed a complaint against the Defendant and Q on the charge of deceiving the Defendant and Q in collusion with the Defendant and Q to acquire 6,00 shares of his own C in trust with theO by deceiving theO.

Defendant and Q were indicted by the Jeonju District Court Branch 2015Gohap104, and the above court recognized the establishment of the crime of fraud on January 25, 2018 and sentenced the Defendant to ten months of imprisonment and two years of suspended execution.

[hereinafter “relevant criminal case”; The prosecutor, the defendant, etc. appealed from the Gwangju High Court (former High Court) as 2018No25, but dismissed on August 28, 2018] / [Grounds for recognition] The fact that there is no dispute, the entries in Gap’s subparagraphs 1 through 6, 11, 12, and 15, and Eul’s evidence Nos. 1 and 4 (including additional numbers), and the purport of the whole pleadings.

2. Determination as to the cause of action

A. 1) The Plaintiff’s assertion 1) The Plaintiff conspired with the Defendant Q Q to hold shares C by the Plaintiff 6,000 shares (hereinafter “instant shares”).

Since it was acquired by deceit, the title trust contract entered into with theO is terminated, and based on this, the defendant is the defendant in subrogation.