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(영문) 대전지방법원천안지원 2015.01.23 2014가합101425
소유권확인
Text

1. Of ordinary shares of KRW 5,000 per share issued by Nonparty C Co., Ltd., shares of KRW 6,000 in Defendant’s name.

Reasons

1. Basic facts

A. The plaintiff was in office as a director of C, and resigned from his office on November 11, 2008, and the defendant is in office as a representative director of C.

B. C issued 20,00 common shares of KRW 5,000 per share.

(However, as of November 20, 2007, the Plaintiff owned 9,680 shares of the above common shares as of November 20, 2007, and the remainder, respectively, and the Defendant owned 19,880 shares since November 20, 2008.

[Ground of recognition] Facts without dispute, entry of evidence No. 1, entry of evidence No. 17, part of evidence No. 17, purport of the whole pleadings

2. Summary of the parties' arguments

A. On November 20, 2007, the Plaintiff transferred 10,200 shares of common shares C issued (hereinafter “instant shares”) to the Defendant, and agreed that the ownership of 6,000 shares shall be reverted to the Plaintiff at the Plaintiff’s request. The Plaintiff, upon delivery of a copy of the instant complaint, declared that the ownership of 6,00 shares belongs to the Plaintiff.

On the other hand, the defendant made it an opportunity to keep the seal of the plaintiff and forged the relevant documents and acquired the ownership of 9,680 shares of this case held by the plaintiff after the transfer of the shares.

Therefore, the Plaintiff seeks against the Defendant confirmation that the Plaintiff owned 15,680 shares (=6,00 shares) of the instant case (=6,680 shares).

B. The Plaintiff merely transferred 10,200 shares of this case orally to the Defendant, and did not prepare a document related thereto. Furthermore, there is no document that the Defendant keeps 6,00 shares of this case until the Plaintiff’s return request.

This is against the general practice and common sense of trading that specify the number of shares separately when concluding a stock holding agreement with the stock transfer.

Furthermore, the tax office having jurisdiction over the Plaintiff directly transferred 9,680 shares of this case.

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