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(영문) 수원지방법원안산지원 2017.04.14 2016가단65407
주식반환 청구
Text

1. It is confirmed that the Plaintiff is a shareholder of shares listed in the separate sheet No. 1 and shares listed in the separate sheet No. 2.

2. Defendant B.

Reasons

1. The following facts regarding the cause of the claim are established between the plaintiff, defendant C, and D, and the above parties, or can be acknowledged by comprehensively taking account of the whole entries and arguments in Gap evidence Nos. 1 through 3 (including paper numbers). The defendant B corporation is deemed to have led to confession pursuant to the main sentence of Article 150(1) of the Civil Procedure Act.

A. On April 16, 191, the Plaintiff established Defendant B Co., Ltd. (hereinafter “Defendant Company”) with the purpose of the business of manufacturing water and water and watering agents on the surface of the mountain, and registered the title trust of 1,400 shares of the Defendant Company owned by the Plaintiff to Defendant C, who was known at the time of 3,000 shares of the Defendant Company owned by the Plaintiff, to Defendant D, who is the Plaintiff’s punishment.

B. The shares of Defendant C and 1,400 shares of Defendant D were changed following the process of stock transfer and capital increase. The number of shares of Defendant C and D currently owned was changed as shown in the separate sheet Nos. 1 and 2.

C. The Plaintiff expressed his intention to terminate the title trust to Defendant C and D prior to the filing of the instant lawsuit, and demanded the transfer procedure for the shares listed in the separate sheet Nos. 1 and 2, but the said Defendants did not comply with the Plaintiff’s request.

According to the above facts, Defendant C and D are the nominal holders of shares listed in the separate sheet Nos. 1 and 2, and did not comply with the obligation to implement the transfer procedure for each of the above shares to the Plaintiff, the owner of each of the above shares, upon the termination of the title trust agreement. As such, the Plaintiff is entitled to obtain confirmation that the above shares are owned by the Plaintiff. The Defendant Company, as the issuer of each of the above shares, is obligated to perform the transfer procedure for shares

2. In conclusion, the plaintiff's claim against the defendants is with merit, and it is so decided as per Disposition.

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