(영문) 서울남부지방법원 2015.04.17 2014가합107032

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(영문) 서울남부지방법원 2015.04.17 2014가합107032

주식반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On November 29, 2002, the Plaintiff raised personal funds through the sale of bonds, withdrawal of deposits, etc., and paid in full KRW 310,000,000 per share price ( KRW 10,000 per share, each of which shall be KRW 31,000 per share) and established D Co., Ltd., Ltd. on August 31, 2004, its trade name was changed to C Co., Ltd (hereinafter “instant Company”).

B. At the time of incorporation of the instant company, the Plaintiff, considering the tax issues, etc. at the time of the establishment of the instant company, held title trust with the wife E (2 shares), mother F (15,497 shares), branch G (15,49 shares) and H (2). After that, the shares in the name of H were changed to the name of E, and the shares in the name of H were changed to the name of F. However, around 207, the Plaintiff terminated the title trust with E and F, and concluded a title trust agreement with the Defendant on the entire shares in C.

The Plaintiff terminated a title trust agreement with the Defendant on the instant company’s shares and seeks to return shares. As such, the Defendant is obligated to deliver 31,000 shares and implement the transfer procedure for shares.

2. Determination

A. In light of the foregoing, if a person who entrusted a shareholder’s name with respect to the shares before the issuance of share certificates terminates a title trust agreement with the trustee, the shareholder’s right to the shares shall be returned to the title truster only by the declaration of termination of the contract, and it is not possible to seek delivery of the shares for which the share certificates have not been issued. Since there is no evidence to acknowledge the fact that the shares certificates of the company were issued, implementing the transfer procedure is a company that is not the nominal holder, the claim of this case seeking implementation of the transfer procedure for the transfer of shares and transfer procedure to the Defendant, who is the name of

B. According to each of Gap evidence No. 2-1 to 10, whether the plaintiff has held title trust with the shares of the company of this case, the plaintiff or the plaintiff operated around the time of this case.

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