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1. Attached Schedules 1 and 2 deposited by the Korea Securities Depository on July 5, 201 by Seoul Southern District Court No. 18 of 2011.
Reasons
1. Basic facts
A. The Plaintiff is a company established for the purpose of real estate development business, etc., and the Defendant is a company established for the purpose of visual and visual parts manufacturing and selling business, and holds 100% of the shares by establishing D Co., Ltd. (hereinafter “Nonindicted Company”) on May 18, 2010.
B. On February 26, 2010, the Defendant protected the share certificates of 1,731,746 shares of registered ordinary shares issued by the third party allocation method (attached Form 1) to E, and the share certificates of 1,426,53 shares of registered ordinary shares issued by the same method to F on May 25, 2010 (attached Form 2) to the Korea Securities Depository as one year for compulsory protection.
(C) the sum of the above shares 3,158,279 shares is c.
On June 14, 2010, E entered into a contract with G Co., Ltd. (hereinafter “G”) and the Plaintiff to offer the instant shares as collateral. On December 16, 2010, G transferred to the Plaintiff the claim, etc. under the said stock security contract with respect to E, and notified E.
The Korea Securities Depository deposited the instant share certificates in accordance with Article 487 of the Civil Act due to the Plaintiff, the Defendant, and G’s impossibility of receiving the said certificates on July 6, 201, when the period of compulsory protection of the instant shares expires.
(Seoul Southern District Court No. 2011 No. 18, 2011, hereinafter "the deposit of this case"). / [Grounds for recognition] The each entry of Gap evidence No. 3, 7, 8, 48, 49 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.
2. The parties' assertion
A. The Plaintiff’s assertion 1 E has the right to claim the delivery of the instant shares against the Defendant, and the Plaintiff acquired the right to claim the delivery of the instant shares as the obligee of E by means of transfer of the right to claim the delivery of the said shares. Accordingly, the Plaintiff has the right to claim the delivery of the instant shares to the Defendant under Article 353 of the Civil Act.