logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.09.14 2017가합52738
주권인도청구의 소
Text

1. The Defendants have share certificates of 14,000 common shares, each of which is 10,000 common shares issued by E Co., Ltd. to the Plaintiff.

Reasons

1. Determination as to claims against Defendant B and C

A. The Plaintiff’s assertion 1) As to Defendant B and C, the Plaintiff is Nonparty E Co., Ltd. (hereinafter “E”).

) 14,000 common shares of each of 70,000 shares issued at par value 10,000 per each of the 70,000 shares (hereinafter referred to as “each of the shares of this case”).

As Defendant B and C terminated a title trust, Defendant B and C are obligated to deliver each of the instant shares to the Plaintiff. (2) It is recognized that Defendant B, Defendant C, and C received each of the instant shares from the Plaintiff. However, as the Plaintiff agreed to pay for the increased value of each of the instant shares to Defendant B and C by allocating benefits to the increased value of each of the instant shares, the Plaintiff cannot respond to the Plaintiff’s claim until the aforementioned agreed amount is paid.

B. The facts that Defendant B and C were entrusted with each of the instant shares by the Plaintiff on January 15, 2005 and registered as a shareholder in the E’s register of shareholders are either a dispute between the said parties, or a dispute between the said parties, or a whole purport of the arguments and arguments, including the evidence Nos. 1, 2, and 3 (including the serial number; hereinafter the same shall apply).

Meanwhile, comprehensively taking account of the overall purport of the pleadings as to the statement No. 4, the Plaintiff sent a written notice to Defendant B and C, stating that the title trust of each of the instant shares is terminated on March 14, 2017, and the said written notice reached Defendant B and C around that time.

According to the above facts of recognition, Defendant B and C have the duty to deliver to the Plaintiff the share certificates of each of the instant shares.

C. In full view of the purport of the entire arguments as to Defendant B and C’s assertion, Defendant B and C agreed to return each of the shares of this case to the Plaintiff on January 15, 2005 and the Plaintiff’s request for the return of each of the shares of this case without compensation, and thus, Defendant B and C’s above assertion against this is without merit.

2. As to claims against Defendant D.

arrow