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(영문) 대구지방법원 2017.09.26 2017가단107176
주주명의개서절차이행 등
Text

1. Defendant B confirms that the shares listed in the separate sheet issued by Defendant C are owned by the Plaintiff.

2...

Reasons

1. Title trust of stocks;

A. Facts of recognition 1) The shares listed in the separate sheet issued by Defendant C (hereinafter “instant shares”)

(2) Around January 2012, the Plaintiff held the title trust of the instant shares to Defendant B.

3) On November 25, 2016, Defendant B agreed to return the instant shares to the Plaintiff without any condition upon the Plaintiff’s request for return. 4) On December 6, 2016, Defendant B notified Defendant B of the termination of title trust with respect to the instant shares, and requested Defendant B to cooperate in the transfer procedure on the register of shareholders.

【Defendant B: In the absence of dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 5-1 and 5-2, and the purport of the whole pleadings, the defendant-appellant-in-law dispute mediation committee: The confession-in-law mediation committee (Article 150 of the Civil Procedure Act)

B. According to the above facts, such as the confirmation of ownership of shares, etc., the shares in this case are owned by the plaintiff and the title trust of the defendant B is terminated. As such, the defendant B is obligated to confirm that the shares in this case are owned by the plaintiff, and the defendant B is obligated to implement the transfer procedure for changing the name of the shareholder in the shareholder registry from the defendant B to the plaintiff with respect to the shares in this case.

2. Determination as to Defendant B’s assertion

A. The Plaintiff’s assertion by Defendant B constitutes an abuse of rights to demand the return of the instant shares without any compensation against Defendant B even though he obtained a large amount of benefits from the title trust of the instant shares for about five years.

B. However, the Plaintiff enjoyed benefits from title trust by the Plaintiff’s title trust of the instant shares to Defendant B.

there is no evidence to prove that the loss was incurred to Defendant B.

Rather, according to the statement No. 2, the Plaintiff bears all the taxes and public charges incurred due to the title trust of the instant shares.

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