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(영문) 서울고등법원 2016.10.06 2015나2068384
매매대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance other than the following "paragraph 2". Thus, it shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

(a) No. 11 of the second sentence of the first instance judgment, “Plaintiff is the father of the E, who is the father of the E, and the Plaintiff is the mother of F, who is the father of the E.”

B. On the fourth 19-20th 10th 20th 1 of the judgment of the first instance court, the Defendant’s seal impression was affixed directly to the Plaintiff and the Defendant, and the Defendant’s seal impression was brought to another employee, and the Plaintiff’s seal impression was affixed directly to the Plaintiff and the Defendant’s seal impression, and the Defendant’s design was used to bring to another employee, and the Plaintiff’s design was written.

C. Article 2-5 of the first instance judgment No. 6 of the same Act provides that “The shares of this case shall be held in title by F, a beneficial shareholder, in light of the following circumstances, and each of the entries in the evidence Nos. 5 through 12, 14, and 21 are insufficient to recognize that the Plaintiff is a beneficial shareholder of the shares of this case, and there is no other evidence to acknowledge this otherwise. The Plaintiff’s assertion in this part shall also be made as follows.”

In full view of the following circumstances, the relationship between the Plaintiff and F, the relationship between the remaining shareholders of C except the Plaintiff and F, whether the Plaintiff exercised rights as a shareholder after the Plaintiff’s registry was recorded in the Plaintiff’s shareholder registry, the Plaintiff’s attitude after the formation of the instant sales contract, and the process of filing the instant lawsuit, etc., F is a beneficial shareholder with respect to the instant shares as a shareholder under the name of the Plaintiff’s shareholder registry, and the Plaintiff is merely a formal shareholder, and thus, the title trust agreement on the instant shares is concluded between the Plaintiff and F.

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