주권인도청구의 소
Attached Form
It is confirmed that the Plaintiff’s shares are owned.
Costs of lawsuit shall be borne by the defendant.
The fact that the Plaintiff held the title trust to the Defendant on three occasions from September 6, 2004 to November 5, 2010 that the Plaintiff held the title trust of the shares listed in the separate sheet (hereinafter “instant shares”) on three occasions is no dispute between the parties.
The Plaintiff expressed his/her intent to terminate title trust with respect to the shares of this case by delivering a duplicate of the complaint of this case, and it is evident in the record that the duplicate of the complaint of this case containing the Plaintiff’s intent reaches the Defendant on August 21, 2019.
Therefore, the shares of this case in the name of the defendant are returned to the plaintiff, and as long as the defendant who is the title trustee disputes over the ownership of the plaintiff's shares, the plaintiff has a benefit to seek confirmation of the ownership of shares against the defendant.
Although the Defendant acknowledged the above facts of title trust, the Plaintiff did not pay any consideration to the Defendant, and therefore, the Plaintiff’s termination of the Plaintiff’s title trust agreement is not legitimate. However, there is no evidence to acknowledge that the Plaintiff was paying the proceeds or the price for the title trust. Thus, the Defendant’s above assertion has no merit.
Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by the assent of all participating Justices.