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(영문) 부산지방법원동부지원 2015.04.03 2014가단214030
주식명의개서청구의소
Text

1. The defendant shall change the name of the shareholder on the register of shareholders to the plaintiff as to the shares listed in the attached list.

Reasons

1. Facts of recognition;

A. On July 31, 200, the Plaintiff, along with Nonparty B, C, and D, agreed to acquire each share of 4,000 shares, Nonparty B, Nonparty B, Nonparty C, Nonparty C, and Nonparty D, respectively, among the shares issued when establishing the Defendant Company on July 31, 200.

B. However, for the convenience of registration procedure, the Plaintiff entered into a title trust agreement with Nonparty E to acquire shares of 2,000 out of 4,000 shares issued (hereinafter “instant shares”) under the name of Nonparty E, and actually acquired the instant shares under the name of Nonparty E., and the Plaintiff paid the share price of 4,00 shares to Nonparty E.

C. On October 14, 2014, the Plaintiff notified Nonparty E of the termination of the title trust agreement for the instant shares.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, witness E's testimony, purport of whole pleadings

2. The Plaintiff’s judgment on the cause of the claim terminated the title trust agreement for the instant shares between the Plaintiff and Nonparty E, and the Defendant asserts that the Plaintiff is obligated to implement the transfer procedure for the instant shares. Thus, according to the above facts of recognition, the actual shareholder of the instant shares is the Plaintiff. As long as the title trust agreement between the Plaintiff and Nonparty E is legally terminated, the Defendant is obligated to implement the transfer procedure to change the name of the shareholder on the shareholder registry of the instant shares to the Plaintiff.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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