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(영문) 대구지방법원 2018.01.24 2017가단115672
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 3, 2016, the Plaintiff was appointed as the representative director of Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”). The Defendant served as the representative director of the Nonparty Company from August 27, 2014 to November 3, 2016.

The defendant is registered as a shareholder of the shares (ordinary shares, 2,500 shares, and one share amount: 5,000 won) listed in the attached list against the non-party company.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted title trust the shares listed in the attached list to the Defendant.

The plaintiff, upon the delivery of the duplicate of the complaint of this case, cancelled the title trust agreement on the above shares to the defendant, and the defendant expressed his intention to transfer the above shares on the ground of such cancellation to the plaintiff, and is obliged to notify the non-party company of the fact of transfer

B. As to whether the Plaintiff title trust the shares listed in the attached list to the Defendant, it is difficult to recognize the Plaintiff’s testimony of the Health Team, Gap evidence Nos. 3 through 4 (including the number of branch numbers), and witness D, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim of this case based on the premise that the plaintiff held a title trust with the shares listed in the attached list is without merit.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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