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(영문) 서울남부지방법원 2018.07.13 2017가단245273
주식명의개서절차이행 청구의 소
Text

1. It is confirmed that the Plaintiff is a shareholder of shares listed in the separate sheet of the name of the Defendant.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. In the process of establishing C around July 2013, the Plaintiff acquired 10,000 won of the total capital of KRW 50,000,000 of the shares, but registered 100 of the shares out of the shares in the name of the Defendant for convenience.

The plaintiff requested the defendant to cooperate with the transfer of shares by expressing his/her intention to terminate the title trust, but the defendant did not comply with such request.

[Judgment of the court below]

2. According to the fact that the instant shares registered in the name of the Defendant were held in title trust by the Plaintiff, so long as the Plaintiff expressed his intention of termination of title trust, the said shares were returned to the Plaintiff and the Defendant contests the ownership of the shares, there is a benefit to seek confirmation.

While the defendant asserts that it cannot respond to the plaintiff's claim in consideration of the fact that the defendant has contributed to the growth of the company during that period, the above argument alone cannot serve as a sufficient reason for rejecting the plaintiff's claim.

3. The plaintiff's claim for the conclusion is justified and acceptable.

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