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(영문) 대구고등법원 2012.11.07 2012나3051
주주명부명의개서
Text

1. The Intervenor’s appeal is dismissed.

2. The costs of appeal are borne by the Intervenor joining the Defendant.

purport.

Reasons

1. Facts of recognition;

A. On December 31, 2007, the Defendant’s shareholder registry entered the Defendant’s Intervenor’s Intervenor’s Intervenor as a shareholder of the shares listed in the separate sheet of share certificates (hereinafter “instant shares”).

B. On July 4, 2008, the Plaintiff received the share certificates of the instant shares through the agent of the Intervenor joining the Defendant, and holds the said share certificates until the closing of argument in the instant case.

C. On December 10, 2010, the Plaintiff requested a transfer of title to the name of the Plaintiff on the instant shares to the Securities Agency of Han Bank, a transfer agent of the Defendant, on the ground that the Plaintiff possessed the share certificates of the instant shares, but was rejected on the ground that the Defendant’s Intervenor’s Intervenor’s report on the share certificates

【Ground of recognition】 The fact that there has been no dispute, Gap's 3 through 8 (including a Serial number for a ground for recognition) and Eul's 5-1 and 5-3, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Plaintiff is presumed to be a lawful holder as a possessor of the share certificates with respect to the instant shares. Thus, the Defendant is obligated to implement the transfer procedure to change the name of the shareholder on the shareholder registry of the instant shares from the Intervenor joining the Defendant to

3. Judgment on the argument of the Intervenor joining the Defendant

A. The summary of the argument (1) The Defendant joining the Defendant transferred the share certificates of the instant shares to the Plaintiff on April 5, 2008, pursuant to the sales contract concluded with the Plaintiff at the purchase price of 250 UN per share with respect to the instant shares, but the said sales contract was rescinded on May 3, 201 or June 8, 2011 because the Plaintiff did not pay the purchase price. Thus, the Plaintiff cannot be deemed as a shareholder in relation to the instant shares.

(2) The Plaintiff received the instant shares as payment in lieu of a partial repayment of the damage claim against the Intervenor joining the Defendant, or the said damage claim against the Intervenor.

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