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(영문) 광주지방법원 2017.09.14 2017가합52745
주권인도청구의 소
Text

1. The Plaintiff, Defendant B, at the face value of the issuance of D Co., Ltd., 13,000 common share certificates, and Defendant C, respectively.

Reasons

1. The assertion and judgment

A. The Plaintiff asserted 1) The Plaintiff against the Defendant D (hereinafter “D”)

) As to the 13,00 common shares out of the total 70,000 shares issued at par value of 10,000 shares issued by the Defendant C, each share of 12,500 common shares issued by D with Defendant C (hereinafter collectively referred to as the “each shares in the name of the Defendants”).

(2) Since each title trust was terminated, the Defendants are obligated to deliver each of the instant shares to the Plaintiff. (2) The Defendants were entrusted with each of the instant shares by the Plaintiff. However, the Defendants agreed to pay the Defendants a price by allocating profits to the increased value of each of the instant shares. As such, the Defendants cannot respond to the Plaintiff’s claim until receiving the said agreed amount.

B. The Defendants, upon being entrusted with each of the instant shares by the Plaintiff on January 25, 2006, are found to have no dispute between the parties, or to have been registered as each shareholder in the shareholder registry of D, based on the overall purport of the statements and arguments set forth in Gap evidence Nos. 1, 2, and 3 (including the serial number; hereinafter the same shall apply).

On the other hand, in full view of the purport of the entire pleadings as to the statement No. 4, the Plaintiff sent a written notification stating that the title trust of each of the instant shares is terminated to the Defendants on March 21, 2017, and the said written notification has reached the Defendants around that time.

According to the above facts of recognition, the Defendants are obligated to deliver to the Plaintiff the share certificates of each of the instant shares.

C. In full view of the purport of the entire pleadings in the evidence Nos. 2 and 3 as to the Defendants’ assertion, the Defendants agreed not to claim all fees, including dividends, etc. on each of the instant shares on January 25, 2006, and the Plaintiff on September 23, 2014.

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