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(영문) 대전지방법원 2018.09.19 2017나108767
주식반환
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs various real estate sales businesses, including F Co., Ltd. (hereinafter “F”), G (hereinafter “G”), and H (hereinafter “H”).

The plaintiff became aware of D, a tax official around September 2006.

The plaintiff and D have developed into an internal relationship around October 2010, and from around October 2014, marriage was discussed.

The defendant is a partner of D.

B. On January 4, 2012, C was established as capital of KRW 50 million (10,000 common shares per share) for the purpose of running a real estate sale agent business. At the time of incorporation, the Plaintiff was registered as a shareholder of KRW 5,000 (50%) among the shares issued, and the Defendant was registered as a representative director.

C. C changed 10,00 shares issued on July 31, 2014 to 60,000 shares, respectively, and changed to 30,000 shares in the Plaintiff’s name, and 30,000 shares in the Defendant’s name.

(hereinafter) Of the shares in the Defendant’s name, 5,00 shares for which the Plaintiff requested the confirmation of ownership (hereinafter “instant shares”). [The grounds for recognition: the facts of no dispute, Gap’s evidence No. 1, Gap’s evidence No. 2-1, 2, and Eul’s evidence No. 5]

2. The assertion;

A. The Plaintiff paid 50 million won in full and established C with the acquisition price of shares. Since D became an oligopolistic shareholder, it advises the Defendant that 50% of the shares should be made under the name of the Defendant, a partner of D, and held the title trust of the shares to the Defendant.

However, since the Defendant asserted the ownership of the instant shares and did not return the name of the shareholder, the title trust agreement on the instant shares is terminated through the delivery of the instant complaint, and the instant shares are demanded to confirm that they are owned by the Plaintiff.

B. Before the establishment of Defendant C, the Defendant invested or lent money to the Plaintiff and the company run by the Plaintiff, and the purchase price of the instant shares is interest and interest that the Defendant would receive from the Plaintiff.

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