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(영문) 청주지방법원 2020.02.20 2019가합12241
주식양도
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

Basic Facts

On December 16, 2013, the Plaintiff acquired the name of Defendant B in the name of Defendant B at KRW 5,000,000 (i.e., KRW 1,000 x par value 5,000 per share) of common shares of D Co., Ltd. (S. E changed its trade name to D on December 4, 2008; hereinafter “D”) (i.e., “instant shares”) (i., KRW 1,00 x par value 1 per share x KRW 5,000) and, on the same day, between the Defendant B and the Plaintiff on the same day, “the shareholders in the form of the instant first shares are the Defendants B, and the actual shareholders are the Plaintiff, and the Plaintiff has all rights as the shareholders in the instant first shares, and if the Plaintiff requests the return of the said shares, the Defendant B shall return the shares without compensation and immediately transfer the shares, but public charges and public charges arising in relation to the title trust shall be paid by the Plaintiff.”

On November 10, 200, the Plaintiff prepared a share trust agreement (Evidence 2-2) with the Defendant C, which contains the content that “3,000 shares of common shares of D (hereinafter “instant shares”) 15,00,000 won (i.e., KRW 3,000 per share x 5,000 won)” (i.e., par value per share x 1 share x 5,000 won). On the same day, the shareholders in the form of the instant shares are Defendant C; (ii) the shareholders in substance are the Plaintiff; (iii) the shareholders in the form of the instant shares are the Plaintiff; and (iv) the shareholders in the instant 2 shares have all rights to the Plaintiff; and (iii) when the Plaintiff requests the return of the shares, Defendant C shall return the shares without compensation and immediately implement the transfer of ownership; and (iv)

On April 24, 2019, the Plaintiff sent to the Defendant a written request for each transfer of title (Evidence A 3-1, 2-2) stating that “The Plaintiff would immediately implement the transfer of title upon receiving a written request for the cancellation of each of the instant shares title trust agreement.”

[Grounds for recognition] The non-contentious facts, Gap evidence Nos. 1 through 3 (including the provisional number), and the plaintiff's assertion of the purport of the whole pleadings to the defendants, respectively.

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