(영문) 수원지방법원 2017.11.22 2017가단512791

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Reasons

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자간(%)

(영문) 수원지방법원 2017.11.22 2017가단512791

증권

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1. It is confirmed that the Plaintiff has ownership of the shares listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. Nonparty C Co., Ltd (hereinafter “Nonindicted Company”) is a company established on August 1, 2012 for the purpose of real estate development business, etc.

B. Around December 2014, the Plaintiff agreed from D, E, and F that shares of the non-party company were owned by the non-party company at the time of acquisition at par value of 6,300 shares, 6,900 shares, 5,700 shares, and that the Plaintiff would have a burden of holding shares of 98% in its own name. The Plaintiff acquired shares of the non-party company under the name of the non-party company 6,30 shares, 6,90 shares in the name of E, 6,70 shares in the name of the non-party company, 5,70 shares in the name of the non-party company. Accordingly, the Plaintiff paid the securities transaction tax under the name of the defendant by paying each share transferee to the non-party.

C. At present, the register of shareholders of the non-party company states that the non-party company holds 600 shares and 14,700 shares, respectively, among the 30,000 shares common shares issued by the non-party company.

(hereinafter referred to as “instant shares”) shares in the name of the Defendant D.

On March 2017, the Plaintiff expressed to the Defendant several occasions the intent to terminate the instant title trust agreement, and the Defendant refused to comply therewith, and again expressed the intent to terminate the said title trust as the instant complaint, and the duplicate of the instant complaint was served to the Defendant on April 20, 2017.

[Ground of recognition] Unsatisfy, substantial facts in this court, each period of Gap 1-7 (including a branch number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination on the cause of the claim, it appears that the title trust agreement on the shares of this case was concluded between the Plaintiff and the Defendant, and the Plaintiff terminated the said title trust agreement with the delivery of a copy of the complaint of this case, the ownership of the shares of this case

유사 판례

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