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(영문) 서울남부지방법원 2018.03.23 2017가합109404
계좌대체절차 이행청구
Text

1. The defendant is in the name of the plaintiff as to the share of the deposited securities in the attached Form B deposited by B to the plaintiff.

Reasons

1. Facts of recognition;

A. A. Around September 27, 2012, D, the Plaintiff’s representative, transferred 350,00 shares of E Co., Ltd. (hereinafter “E”) owned by the Plaintiff to a securities account in B. However, on the ground that B received an account transfer from the Plaintiff with respect to 350,000 shares from the Plaintiff without any legal cause, the Plaintiff filed a lawsuit seeking the implementation of the account transfer procedure with respect to the shares of 350,000 shares (ordinary shares, and face value of 50,00 won) in the name of the Plaintiff on the ground that B received the account transfer with respect to 350,000 shares from the Plaintiff without any legal cause. The above court rendered a judgment that accepted the Plaintiff’s claim on November 4, 2015.

B. B appealed as Seoul High Court Decision 2015Na2066289, and the Plaintiff extended the claim to seek the return of shares including the new shares allocated by the decision of free capital increase in accordance with the decision of free capital increase as of November 24, 2015, which was rendered immediately after the judgment of the court of first instance was rendered in the above appellate trial.

On October 27, 2016, Seoul High Court rendered a judgment that “The first instance judgment is modified as follows. B, with respect to the Plaintiff’s co-ownership share of E 70,000 shares (ordinary shares, par value of KRW 500, par value; hereinafter “instant shares”) in the name of the Plaintiff, the Seoul High Court sentenced that “the account transfer procedure shall be implemented in the name of the Plaintiff (Alternative Securities C).”

B appealed by Supreme Court Decision 2016Da270681, but the Supreme Court sentenced the dismissal of appeal on April 7, 2017, and the above appellate judgment became final and conclusive as it is.

(hereinafter referred to as “instant final judgment”) C.

On April 13, 2017, the Plaintiff sent to B a content-certified mail demanding the return of the instant shares in accordance with the instant final judgment, but B did not implement the procedure for transferring the instant shares to a securities account in the name of the Plaintiff.

F and 8 others provisionally seize the Plaintiff’s share right to return the instant shares in relation to the shares held by the Plaintiff as Seoul Eastern District Court No. 2017Kadan50976.

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