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(영문) 서울중앙지방법원 2019.05.21 2017가단5125194

매매대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The summary of the Plaintiff’s assertion is as shown in the annexed sheet of claim.

2. According to each of the statements in Gap 1 through 3 as to the title trust of shares, the plaintiff held 16,00 shares out of the shares of Eul Co., Ltd. as of October 2013, and was recorded in the register of shareholders of the above company, and thereafter, on December 31, 2013, the plaintiff prepared a share transfer contract stating that 12,00 shares out of the above shares shall be transferred to the defendant at 60,000 won.

However, in full view of the purport of each statement and all the arguments in B-12, the above company is established and operated by the defendant's husband D, and it can be acknowledged that the plaintiff owned 16,000 shares by entrusting the name of shares to the plaintiff, etc. at the time of its establishment. Thus, the plaintiff's claim in this case based on the premise that the plaintiff was not the trustee but the actual owner of the above shares is not reasonable.

(B) The Plaintiff’s claim in this case is dismissed on the ground that the Plaintiff’s claim in this case was without merit, and the Plaintiff’s claim in this case is dismissed and it is so decided as per Disposition by the assent of all participating Justices on the bench, taking into account the fact that the share transfer and takeover contract was made with the same form and content as that of the above company at the time.