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(영문) 대구고등법원 2017.06.14 2016나26687

명의개서절차이행 등 청구의 소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning behind this Court’s explanation is as stated in the part of “1. Basic Facts” of the judgment of the court of first instance except for the following modifications. As such, this Court’s reasoning is cited by the main text of Article 420 of the Civil Procedure Act.

1. “Basic Facts” A.

Secondly, the term "D Co., Ltd." in the second paragraph is called "T Co., Ltd." and 1. The basic facts are b.

The third party's assertion on December 3 of the same year as "B"; 2. The party's assertion

A. The Plaintiff’s assertion 1) Even if all of the instant shares are held in the name of L on the Defendant Company’s shareholder registry, the said shares were held in title trust by F, and F, at the time of incorporation of the Defendant Company, was fully deposited in the capital of KRW 310,000,000,000 in capital, and L was merely a title trustee who succeeded to such title trust relationship. 2) The instant shares were shares prior to the issuance of share certificates, and the Plaintiff became the owner of the instant shares upon receipt of the entire instant shares by preparing the said F and the instant performance statement.

3) Therefore, after cancelling the title trust agreement of the instant shares on behalf of F, the Plaintiff, as the instant lawsuit, sought implementation of the transfer procedure of the Defendant Company’s shareholder registry as the transferee of the instant shares, as the Plaintiff’s transferee of the instant shares. 4) The principal registration of the Defendant Company’s name on Qdong land among the Plaintiff’s obligations under the instant performance letter was completed, and the right to collateral security in the name of L is established at any time by the Defendant Company. Since L’s right to collateral security in the name of an apartment owned by the Plaintiff is not an issue for the establishment of the right to collateral security upon the Plaintiff’s entire responsibility for the transfer of the instant shares, the establishment of the right to collateral security in the name of the Plaintiff is not an issue. Accordingly, the Defendant

B. All of the shares of this case asserted by the Defendant are beneficial shareholders L.