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(영문) 대전지방법원 2018.11.29 2016가단225640
주식양도
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against E with the Daejeon District Court as the official order branch of the Daejeon District Court No. 2012Gahap491. On March 12, 2013, the Plaintiff filed a lawsuit against D as the conciliation intervenor and paid D KRW 78 million to the Plaintiff in installments until May 31, 2013, and the conciliation including the payment of damages for delay was concluded at the time of default.

B. As of December 3, 2008, among shares issued by C (hereinafter “C”), 43,000 shares (value of KRW 10,000 per share) issued by C (hereinafter “C”), the Defendant owned 7,50 shares, and D, the father of the Defendant, owned 835 shares.

After that, shareholders and number of shares of C were changed, and as of March 20, 2018, the defendant holds 1,350 shares (hereinafter “instant shares”) among 46,00 shares (10,000 shares per share) issued by C, but D does not hold shares.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 19, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion as to D

1.(a)

A claim under this subsection has a claim under the conciliation protocol, and D has trusted the shares of this case to the defendant, and the plaintiff seeks to terminate the above title trust agreement between D and the defendant by delivering a copy of the complaint of this case in subrogation of insolvent D, and to transfer the shares of this case to D to the defendant.

B. At the time of the formation of C, the Defendant: (a) donated KRW 75 million for acquisition of shares from D; and (b) acquired KRW 75 million for C’s shares; and (c) the instant shares do not constitute a nominal trust shares issued by D.

3. We examine ex officio the legality of the instant lawsuit on the determination of the legality of the instant lawsuit.

If a person who has entrusted a shareholder's name terminates the title trust contract with the trustee, it is necessary to immediately return the shareholder's rights to the title truster, and to perform a new legal act for the transfer of shares.

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