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(영문) 청주지방법원 2018.05.10 2017가합203081
주식인도 청구의 소
Text

1. The defendant's notification that he transferred the shares listed in the attached list to the plaintiff to B Co., Ltd.

2...

Reasons

1. The description of the grounds for the claim shall be as specified in the attached sheet;

2. Judgment made based on the deemed confession based on the basis of recognition (Articles 208 (3) 2, 150 (3) and (1) of the Civil Procedure Act).

3. In the case of the issuance of share certificates of partial dismissal (as to the claim for share delivery), the transfer of shares shall take effect only by the declaration of intention of the parties concerned, in the case of the transfer of shares (see Article 336(1) of the Commercial Act).

(Supreme Court Decision 2005Da45537 Decided September 14, 2006). The Plaintiff appears to have sought delivery of the given shares against the Defendant, the heir, on the ground that the Plaintiff acquired the shares listed in the separate sheet from the deceased C, the Defendant’s spouse, by transfer of the shares listed in the separate sheet. However, even based on the Plaintiff’s assertion itself, the Plaintiff’s share certificates regarding the said shares were not issued (see, e.g., the separate sheet)

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