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(영문) 대구지방법원 2019.04.30 2017가단130756
주식반환 등청구
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant C (hereinafter “Defendant C”) is a company engaged in liquor wholesale business, etc., and the Plaintiff’s husband from April 1, 2004 to April 1, 2005, and from March 16, 2006, E, from March 6, 2007, from March 6, 2007 to August 8, 201, and from March 11, 201, the Defendant C (hereinafter “Defendant C”) served as the representative director, and from May 13, 2014 to May 13, 201, the Defendant B again serves as the representative director.

B. The Plaintiff owned 5,250 shares of the Defendant Company, and transferred 2,250 shares to G on May 16, 2005, and 3,000 shares to H on December 15, 2005, respectively. Defendant B acquired 2,250 shares from I on August 30, 2005, and transferred 1,50 shares from J on December 15, 2005 to 750 shares from E on March 13, 2006, and held 3,750 shares as of February 20, 207 after taking over 1,50 shares from L on April 18, 201 (i.e., 20, 250-1,50 shares).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 7, evidence 4-1 to 17, 5-1 and 5-2, the purport of the whole pleadings

2. The assertion and judgment

A. On December 2006, the Plaintiff asked Defendant B to assign the representative position of Defendant Company to Defendant B, and then transferred the shares held by the Plaintiff in the name of Defendant B prior to that request, Defendant B lent 2,250 shares to Defendant B by terminating the title trust relationship and converting them into the lending relationship.

As above, when the Plaintiff lent shares, Defendant B entered into an oral agreement to return shares when the Plaintiff demanded the return of shares.

Therefore, Defendant B returned 2,250 shares of the Defendant Company to the Plaintiff, and the Defendant Company is obligated to implement the transfer procedure under the name of the Plaintiff on the register of shareholders with respect to 2,250 shares in Defendant B’s name.

B. We examine the judgment, Gap evidence No. 5, and only I, E, by way of termination of title trust.

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