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Reasons
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(영문) 서울중앙지방법원 2008.06.27 2007가합77021
주권인도
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The basic facts are as follows: (a) the Plaintiff Company held all 1,380,00 shares issued by Defendant K Co., Ltd. (hereinafter “Defendant K”); (b) the 700,000 shares out of the above shares (hereinafter “instant shares”) were transferred in front of Defendant B, Nonparty M, and 12, who were officers and employees of the Plaintiff Company from May 22, 1997 to May 29, 1997; and (c) from July 1, 2001 to June 30, 2002 and from July 1, 2002 to June 30, 2003, Defendant K’s shareholders as of December 31, 2007, as of December 31, 2007, do not dispute between the parties.

Plaintiff N-O 680,000 shares in the shareholder name shares 49.3% of the total number of Defendant B P-S, R-S, T-U 250,000 shares 18.1% of Defendant D-W 2.9% of Defendant D-W 40,000 shares 2.9% of Defendant F-X-Y 40,000 shares 2.2% of Defendant G-A 30,000 shares 2.2% of Defendant HB-AC, AD-AE 40,000 shares 2.9% of Defendant A-AB-A, AD-AE 40,000 shares 2.9% of Defendant A-AF-AG, AH-AS 50,000 shares 3.6% of Defendant J-AK, AL-AM-AM 50,000 per cent of the total of 0-AP-A700-A50% A-A030% of A-A200.

2. Determination

A. Determination as to the embezzlement of the instant shares was made on May 197, the Plaintiff, as of the time of the Plaintiff Company’s joint representative director, BW and X (hereinafter “A, etc.”) had forged a share transfer contract as to the instant shares, and embezzled the instant shares by paying KRW 3.5 billion to the Plaintiff Company’s funds, and Defendant B took part in the instant embezzlement, based on the ownership of the instant shares, thereby seeking the return of share certificates as indicated in the [Attachment] list (1) of the said shares held by the Defendants against the Defendants, and the implementation of the transfer procedure as to the said share certificates against Defendant K, and if Defendant B occupies the entire share certificates, the entire share certificates are possessed by the Plaintiff Company.

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