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(영문) 대전지방법원 2019.12.05 2019가단108128
기타(금전)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff’s cause of the Plaintiff’s claim “The Plaintiff and the Defendant B invested 50% shares of each 50% of the shares at the time when the Defendant was established on January 22, 2016, and held 20,000 shares of the Defendant Company (one share amount of KRW 5,000), respectively. On September 30, 2016, the Plaintiff drafted a contract for stock transfer and takeover with the content that the transfer price of 20,00 shares of the Defendant Company owned by the Plaintiff to Defendant B was KRW 100,000,000, and the fact was that the Plaintiff trusted 20,000 shares to Defendant B. Accordingly, upon delivery of a duplicate of the instant complaint, the title trust agreement with the Defendant Company for 20,000 shares issued by the Defendant Company to Defendant B was terminated, and the transfer of the said shares was sought against the Defendant Company.

2. The Defendants do not dispute the fact that there was a title trust agreement between the Plaintiff and the Defendant B on September 30, 2016 regarding the issue of Defendant Company 20,000 shares.

However, it is recognized that Defendant B transferred 20,000 shares to the Plaintiff on July 10, 2018 upon receiving the Plaintiff’s request from the Plaintiff for the transfer of ownership of 20,000 shares issued by the Defendant Company to the Plaintiff on July 10, 2018 (Evidence B and the purport of the entire pleadings). Therefore, insofar as the title trust agreement between the Plaintiff and the Defendant was terminated and the shares were already returned to the Plaintiff, the Plaintiff’s claim against the Defendants is without merit.

3. The plaintiff's claim against the defendants is dismissed in entirety.

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