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(영문) 대구지방법원서부지원 2017.05.17 2016가단59963
주식인도
Text

1. The Defendants shall deliver to the Plaintiff each of the pertinent shares stated in the “number of shares per inheritance” column in the attached list.

2...

Reasons

In the process of the establishment and operation of the Plaintiff, Inc. (hereinafter referred to as the “E”), the Plaintiff: (a) held title trust with the F (Defendant B’s wife, the Plaintiff’s wife; (b) held title trust with the shares of KRW 9,496; and (c) died on January 20, 2016 with the Defendant B and his children, the husband, Defendant C and D, who are the husband of the Plaintiff; (d) inherited the above shares held in title trust to F by each statutory inheritance shares, as indicated in the “number of shares by inheritance” column in the attached list; and (b) the Plaintiff, upon delivery of the application for change of the purport of the instant claim and cause of the claim, expressed the intent to terminate the title trust agreement with respect to the said shares to the Defendants, is either disputed between the parties, or recognized by comprehensively taking account of the entire purport of pleadings as a whole.

According to the above facts of recognition, it is reasonable to view that the above title trust agreement concluded between the Plaintiff and F was lawfully terminated by the Plaintiff’s declaration of intent to terminate the relevant title trust agreement against the Defendants, who are F’s successors. Therefore, the Defendants are obligated to deliver each of the pertinent shares listed in the separate sheet “number of shares in inheritance” to the Plaintiff upon the termination of the agreement.

Thus, the plaintiff's claim of this case shall be quoted on the grounds of its reasoning, and the litigation cost shall be borne by each party in consideration of all the circumstances revealed in the arguments, such as the circumstance of this

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