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(영문) 서울서부지방법원 2016.12.22 2016가단7992
주권인도등
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. Basic facts

A. The Plaintiff is the father of Defendant B, and the husband of Defendant D’s representative director.

On March 31, 2016, the Plaintiff filed a judicial divorce against D on March 31, 2016, and is currently pending in the trial with Seoul Family Court 2016-Ma1362 (main office) and 2016-Ma320756 (Counterclaim).

B. The register of shareholders of the Defendant Company is registered as a shareholder of D 4,000 shares out of the total number of 10,000 shares issued and as 6,00 shares, which are shares of this case by Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 5 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the Plaintiff held title trust with Defendant B.

Even if the title trust is not recognized, Defendant B transferred or donated the instant shares to the Plaintiff on October 13, 2015.

Therefore, Defendant B is obligated to deliver the share certificates of this case to the Plaintiff by returning the shares to the title trustee or implementing the agreement on October 13, 2015, and Defendant B is obligated to implement the transfer procedure under the name of the Plaintiff with respect to the shares of this case.

B. A person registered as a shareholder in the registry of shareholders is presumed to be a shareholder of the company and has the burden of proving the denial of the shareholder's rights, so in order to reverse this, a person registered as a shareholder in the registry of shareholders is presumed to be a shareholder of the company, and in order to have a separate shareholder as a nominal shareholder, a person who is a nominal shareholder must prove the title trust relationship (see, e.g., Supreme Court Decision 2014Da218511, Dec. 11, 2014). In addition, in light of all the evidence submitted by the Plaintiff, it is insufficient to acknowledge that the Plaintiff trusted the shares of this case to Defendant B, and there is no other evidence to prove

On the other hand, the plaintiff shall take full account of the overall purport of the arguments in the statement No. 4 (including the serial number).

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