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(영문) 인천지방법원 2020.01.28 2017가단229788
주식명의개서청구등
Text

1. The Defendant’s shareholder registry and the Defendant’s common shares of KRW 5,00 per share, which are issued by the Plaintiff.

Reasons

In full view of the purport of the entire pleadings in the evidence Nos. 1-1 through 224, the Plaintiff entered into a stock title trust agreement with C, and accordingly, the Plaintiff entered 2,00 shares out of the Defendant’s shares issued and acquired by transfer on March 18, 2009 in the Defendant’s register of shareholders, and the Plaintiff notified C of the termination of the title trust and sent it to C on June 22, 2017, and recognized the fact that it reached C (A63-2) on the following day.

Although the defendant denies this, it is not sufficient to reverse the above fact-finding only with the descriptions of Nos. 1-2 to No. 127-2 of the evidence No. 1-2, and there is no other counter-proof of the defendant.

According to the above facts of recognition, the Plaintiff may request the Defendant to change the nominal owner from C to himself/herself, except in extenuating circumstances.

No defense in the defendant's assertion is available.

Therefore, the Defendant is obligated to implement the transfer procedure for the Plaintiff to transfer ownership of 2,000 shares registered in the name of Nonparty C on the above company registry among common shares of 5,000 won per share issued by the Defendant to the Plaintiff.

The plaintiff's claim is accepted and the decision is rendered in favor of the plaintiff.

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