The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1, 2, and 3, the lower court acknowledged that the Plaintiff purchased shares 2,000 from the Defendant, and that the Plaintiff trusted the shares of J Co., Ltd. (hereinafter “D”) to the Defendant, and that the Defendant prepared and delivered a custody certificate stating the fact that the Defendant kept the shares, and that the Plaintiff actually purchased shares from the Defendant. However, the lower court rejected the Defendant’s assertion that the Plaintiff, despite being aware of the purchase of shares from the Defendant, prepared a certificate of stock custody

In light of the relevant legal principles and records, the above judgment of the court below is acceptable, and since the date and time of stock purchase did not affect the above judgment, it is not erroneous even if the court below did not specify it, and the above judgment below did not err by omitting judgment or failing to exhaust all necessary deliberations, which affected the conclusion of the judgment.

2. As to the ground of appeal No. 4, the lower court determined that the Defendant’s obligation to return shares to the Plaintiff was impossible, on the ground that the Defendant sold shares held by the Defendant to a third party and the Defendant did not hold D shares any longer.

However, it is difficult to accept such judgment of the court below for the following reasons.

In light of the fact that the shareholder's shares are shares in the company as an investor, and their identity is not important between the same kind of shares in the same company, and the shares custody certificate of this case stated that the defendant holds 2,000 shares in D shares, but the defendant does not specify the shares held by the defendant, the defendant's obligation to return shares to the plaintiff constitutes a kind of obligation, not a specific obligation.

Therefore, unless there are special circumstances such as the Defendant cannot return D shares after acquiring them.