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(영문) 광주지방법원순천지원 2016.05.26 2015가합12261
주식명의개서
Text

1. Defendant B confirms that the shareholder rights of the shares listed in the separate sheet against the Plaintiff were D.

2. Defendant.

Reasons

1. Basic facts

A. At the time of October 31, 2006, the Plaintiff entered into a corporate transfer contract (hereinafter “instant transfer contract”) with D, the representative director of the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the content that the Plaintiff would transfer 90% of the shares of E forest land in the netcheon-si, the Defendant Co., Ltd. (hereinafter “instant forest”), the shares of the Defendant Co., Ltd, and the right to quarrying in the instant forest to KRW 900 million (hereinafter “instant transfer contract”).

In relation to the subject of the instant transfer contract, the Plaintiff and D mixed these individuals and corporations whose representative director was the parties to the instant transfer contract, but these individuals seem to be the subject of the instant transfer contract in view of the content of the transferred object.

B. In accordance with the instant transfer contract, the Plaintiff paid to D the KRW 300 million on October 31, 2006, which was the date of the contract, and KRW 100 million on May 30, 2007. Around May 2008, the Plaintiff agreed with D to reduce the transfer proceeds to KRW 80 million on the condition that F, who is the person entitled to provisional seizure of the instant forest land, transfers 13% of the shares acquired by the Plaintiff to F, a part of the shares acquired by the Plaintiff.

C. By October 30, 2014, the Plaintiff paid to D the balance of the transfer price of KRW 400 million, and D, on October 31, 2014, issued a written confirmation stating that “A received KRW 800 million with the Defendant Company Company and the share transfer price.”

D The Defendant B trusted his own shares to Defendant B, and as of the date of the closing of the instant argument, Defendant B owned 35% (36,750 shares) of the shares of Defendant Company.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, witness D's testimony, purport of whole pleadings

2. Determination as to the cause of action

A. If a person who has entrusted a shareholder’s name with respect to the shares before issuance of share certificates terminates a title trust agreement with the trustee, the shareholder’s right to the shares is returned to the title truster solely by the declaration of termination. In such a case, the shareholder’s name is substantial.

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