주식양도절차이행 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 9, 2008, the Defendant entered into a contract with D to acquire all of the rights and shares of E Co., Ltd. owned by D (hereinafter “E”) at KRW 330,000,000 (hereinafter “instant contract”).
B. On November 14, 2008, the Defendant changed the trade name of E to C (hereinafter “C”) and completed registration by taking office as the representative director of the above C.
[Reasons for Recognition] Unsatisfy, entry in Eul evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings
2. Determination as to the cause of claim
A. Judgment 1 as to the main argument of the Plaintiff’s assertion 1) The Plaintiff, the title truster of the Plaintiff’s assertion, is the Plaintiff’s shares listed in the separate sheet from D (hereinafter “instant shares”).
A) The so-called contract title trust agreement with the Defendant, a title trustee, on the instant shares (hereinafter “instant title trust agreement”) prior to the time the instant agreement was concluded to acquire the said shares.
(2) Upon entering into the instant contract, the Defendant concluded the instant contract with D and acquired shares under the name of D. Accordingly, the Plaintiff terminated the instant title trust agreement with the Defendant by delivering a copy of the application form for modifying the purport of the instant claim and the cause of the claim, and the Defendant is obligated to transfer the instant shares to the Plaintiff according to the termination, and notify C of the purport of the said transfer of shares. 2) The evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that the Plaintiff entered into the instant title trust agreement with the Defendant, and there is no other evidence to acknowledge it.
On the other hand, as alleged by the Plaintiff, the Plaintiff concluded the instant title trust agreement with the Defendant, and accordingly, the Defendant acquired the instant shares from D.
However, the seller is the seller.