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(영문) 대전지방법원천안지원 2016.08.31 2015가단17292
부당이득금반환 등
Text

1. The defendant shall be the plaintiff.

A. On November 2, 2015, the grounds for termination of title trust with respect to the shares listed in the separate sheet are as follows.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “instant company”) was established on April 6, 2005 for the purpose of electrical construction business, etc., and at the time of incorporation, the Plaintiff was registered as a representative director, D, E as a director, and the Defendant as an auditor.

B. At the time of its establishment, the instant company issued 40,800 common shares (one share amount of 5,000 won) with the capital of 204,000,000 won, and the Plaintiff, Defendant, D, and E owned 10,200 shares each in the shareholder’s name.

C. On March 31, 2014, E retired, and on March 31, 2015, the Plaintiff requested E to return 10,200 shares due to the termination of title trust.

In order to return shares in the form of sale and purchase, the Plaintiff transferred 51,000,000 won as share price to E on March 27, 2015, and E returned the said amount to the Plaintiff along with the transfer of shares.

On March 27, 2015, the Plaintiff requested the Defendant to change the title of shares listed in the attached list (hereinafter “instant shares”) on grounds of termination of title trust, and transferred KRW 51,000,000 to the Defendant on the same day as the purchase price of shares.

The Defendant refused to return the instant shares, was dismissed from the audit at that time, and the registration of dismissal was completed on May 13, 2015.

E. D is recognized to have worked in the instant company since the establishment of the instant case until now, and 10,200 shares in its name were held in title trust by the Plaintiff.

As of the date of the closing of argument, the Plaintiff has 20,400 weeks, D and the Defendant each 10,200 weeks.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was in title trust with D, E, and Defendant 10,200 shares when establishing the instant company.

Since the title trust with the Defendant is terminated by the delivery of the instant complaint, the Defendant returned the instant shares to the Plaintiff, and the purchase price of shares in formality.

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