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(영문) 춘천지방법원 2020.01.15 2018나54269
주주권확인 등
Text

1. The judgment of the court of first instance is modified as follows.

Claim for the delivery of shares against Defendant C, stock transfer intention, and stock transfer intention.

Reasons

1. The reasoning for this part of the lower court’s reasoning is as follows: (a) the “J” at the 2nd bottom of the fourth instance judgment of the first instance; and (b) the “E” of the same act is identical to the corresponding part of the first instance judgment, except for the case where the “J” is deemed to be “J”; and (c) thus, it is acceptable in accordance with the main sentence of Article 4

2. Determination as to whether the part of the claim for confirmation of shareholders' rights against Defendant C, the delivery of shares, the indication of intent to transfer shares, the part of the claim for notification of transfer, and 353 shares (ex officio determination)

A. The part concerning the delivery of shares, the indication of intention of transfer of shares, and the part concerning the claim for notification of transfer of shares 1) If a person who has entrusted a shareholder of the relevant legal doctrine terminates a title trust agreement with a trustee, the shareholder’s right is not immediately returned to the title truster (see, e.g., Supreme Court Decision 92Da16386, Oct. 28, 1992). The shares before the issuance of share certificates can be transferred only by the declaration of intention of the parties, and the shares before the issuance of share certificates can be transferred by means of the declaration of intention of the parties. In the event that a share transfer contract such as the donation or exchange of such shares is null and void, or cancelled or cancelled, the shares transferred upon the execution of the contract return to the transferor as a matter of course without the need to perform a legal act for the transfer of separate shareholders’ rights (see, e.g., Supreme Court Decision 2002Da29411, Sept. 10, 2002).

Therefore, inasmuch as Defendant B, who trusted a shareholder’s name with respect to the instant shares, which are shares before the issuance of share certificates, returns to Defendant B the right of the shareholder immediately upon termination of the title trust agreement with Defendant C, there is no benefit to seek the notice of delivery of shares, indication of intent of transfer, and transfer.

The plaintiff's claim for this part is unlawful.

B. The creditor who is to be compensated by subrogation in the creditor subrogation lawsuit on the part of the claim for confirmation of the shareholder's right against 353 shares.

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