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(영문) 대전지방법원 서산지원 2018.06.05 2017가단52608
주식인도 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff held 1,125 shares of C Co., Ltd. in the name of D, and 700 shares in the name of E, respectively, and held 1,825 shares in the name of E around 209.

B. Around September 2015, G made a false statement to F that the Plaintiff would return 1,825 shares held in title by the Plaintiff to F, and upon receiving documents necessary for the transfer of shares from F, G transferred 1,825 shares to the Defendant.

(c) the transfer of shares to the Defendant by F is null and void without the intention of transfer of shares by G’s deception;

As such, 1,825 shares of C Co., Ltd. in the name of the defendant are owned by the plaintiff, and there is a benefit to seek confirmation because the defendant contests this.

2. The defendant's decision on the defense prior to the issuance of the merits is reasonable to interpret that where a company fails to issue stock certificates by the lapse of six months after the incorporation of the company or the date of payment of new shares, a person who acquired shares by means of a declaration of intention between the parties concerned can independently prove that he/she acquired shares without the need for the transferor's cooperation, barring any special circumstances. Furthermore, if the trustee terminates the title trust contract with the trustee, the right of the shareholder shall not be immediately returned to the title truster, and a juristic act shall not be required to transfer shares." Even if the title trust contract was terminated six months after the date of incorporation or the date of payment of new shares after the date of payment of the new shares was entrusted to the defendants, the plaintiffs can prove such fact and request the transfer of ownership against the defendants, the trustee, without claiming the transfer of ownership on the register of shareholders.

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