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(영문) 광주지방법원 2017.06.13 2016가단527771
주권인도
Text

1. The defendant shall have the share certificates of 2,500 shares of common shares (the par value per share of 10,000 won) of friendly and emotional co-ownership company to the plaintiff.

Reasons

1. Basic facts

A. On November 10, 200, the Plaintiff trusted trust to the Defendant the common shares (a par value of KRW 10,000 per share) issued by Sungsung Co., Ltd. (hereinafter “Masung”) Masung Co., Ltd. (hereinafter “Masung”) 2,500 (hereinafter “instant shares”). The Defendant is keeping the share certificates of the instant shares.

B. A duplicate of the instant complaint containing the Plaintiff’s expression of intent to terminate the title trust was served on November 4, 2016 on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 4-4, the purport of the whole pleadings

2. According to the above facts of recognition, since the title trust agreement between the plaintiff and the defendant was lawfully terminated by the delivery of a copy of the complaint of this case, the defendant is obligated to deliver the share certificates of this case to the plaintiff.

Although the Defendant recognized the fact that the shares of the friendly relationship was trusted by the Plaintiff, there exists a verbal promise that the Plaintiff would live together when the friendly relationship was well established at the time, and therefore, it is argued that the Defendant should pay the Defendant the price for increase in the value of the friendly relationship. However, there is no evidence as to the existence of the agreement, such as the price, at the time of title trust, and rather, according to the statement in the evidence No. 4-4, the Defendant, the title trustee, did not claim the right as a shareholder of the friendly relationship on September 22, 2008, and only there is a fact that the Plaintiff, upon the request of the Plaintiff, agreed to immediately return the name.

3. According to the conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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