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1. The defendant,
A. The Plaintiff expressed its intent to transfer shares with respect to the shares listed in the separate sheet;
(b) C.
Reasons
1. Basic facts
A. On November 8, 2004, the Plaintiff acquired 27,360 common shares of 136,80,000 won ( = 27,360 x 5,00 won per share) among the shares listed in the attached list of C Co., Ltd. (hereinafter “C”), and held title trust to the Defendant.
B. On November 25, 2004, the Plaintiff acquired 13,680 common shares among the shares listed in the attached list C on November 25, 2004: (a) 68,40,000 won per share = 13,680 per share x 5,000 won per share value; (b) ultimately, the shares listed in the attached list are identical to the shares listed in the attached list if the shares listed in paragraphs (a) and (b) are combined; (c) hereinafter collectively, and held title trust (hereinafter “instant title trust agreement”) to the Defendant.
C. According to the instant title trust agreement, the Defendant, the title trustee, without the Plaintiff’s permission, cannot arbitrarily transfer shares, establish a pledge right, or establish a trust on the shares held in the title trust (Article 4). In a case where the title truster requests the return of the shares held in the title trust, the title trustee shall return the shares without compensation to the title truster, and immediately implement the change of title of the shares.
(Article 5) . [Grounds for Recognition] Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings.
2. In light of the determination, the fact that the instant title trust contract was concluded with respect to the instant shares between the Plaintiff and the Defendant; according to the instant title trust contract, where the title truster requests the return of the shares held in title trust, the title trustee shall return the shares without compensation to the title truster; and the fact that the title trustee is to immediately implement the transfer of the relevant shares is as stated in the foregoing basic facts; and the fact that the duplicate of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant title trust contract and to seek the transfer of the shares is evident on November 29, 2018, is served on the Defendant.
Therefore, the Defendant did not object to the Plaintiff.