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(영문) 광주지방법원 2018.03.28 2017가단508135
유체동산인도
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. As to the claim against the defendant B

A. (i) The Plaintiff and the Selected Plaintiff (Appointed Party; hereinafter referred to as the “Plaintiff”) decided to work together with Defendant C and Defendant G Co., Ltd. (the trade name before the change: H, I, and hereinafter referred to as “Nonindicted Company”).

B. The Plaintiff and the Appointer D made a title trust to Defendant B (the auditor, finance, accounting officer, and spouse of Defendant C) through the Appointer E, part of the shares they acquired among the total shares issued by Nonparty Company 26,000.

For these reasons, Defendant B keeps the shares listed in the attached Table 1.

Secondly, Defendant B, the title trustee, sought to return the shares listed in the separate sheet No. 1 to the Plaintiff and the appointed parties, and seek to return the shares to the selected parties E in the preliminary manner.

B. (i) First, there is no evidence to acknowledge the foregoing assertion as to whether the Plaintiff and the Appointor D have held title trust with Defendant B the shares listed in the separate sheet No. 1.

She thereby, the plaintiff's primary and conjunctive claims against the defendant B, which are premised on the existence of a title trust with regard to the defendant B, are without merit.

2. As to the claim against the defendant C

A. On July 1, 2009, the Defendants concluded a formal merger contract with the non-party company and J Co., Ltd. (the actual manager is K; hereinafter the “J”) without the prior consent of the shareholders.

In order to hold a provisional shareholders' meeting for the merger, the plaintiff did not inform the plaintiff of the resolution agenda for the merger while receiving a power of attorney, and the plaintiff was included in the ordinary shareholders' meeting.

Dodice Defendants were merged with the third party allocation method by goods and capital increase with consideration, and J invested in the electrical construction license.

Accordingly, the J has held 420,00 shares (4.68%, D 205,800 shares of J representative director, K 126,00 shares, L67,200 shares, M 21,00 shares) among the total shares of 940,00 shares issued by the sub-council.

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