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(영문) 서울중앙지방법원 2017.01.13 2016가단5189160
주식인도청구
Text

1. The plaintiff's lawsuit against defendant Han Han-han Investment Securities Co., Ltd. shall be dismissed.

2. The plaintiff's claim against the defendant B.

Reasons

1. The Plaintiff brought an action against Defendant Han-han Investment Securities Co., Ltd. prior to the merits of the lawsuit against Defendant Han-han Investment Securities Co., Ltd. to the effect that the Plaintiff expressed his/her intent to transfer shares and notified Defendant Han-han Investment Securities Co., Ltd. (hereinafter “Co., Ltd.”) of the transfer of shares, and at the same time, brought an action against Defendant Han-han Investment Securities Co., Ltd. to deliver the pertinent share certificates

If a future performance suit regarding a claim that may arise in the future is lawful, it is necessary to file a claim in advance. Here, a claim in advance refers to a case in which the performance cannot be expected of a debtor's voluntary performance after the occurrence of the obligation.

In light of the fact that the Plaintiff received the shares listed in the separate sheet from the Defendant in the reply, it is deemed that the Plaintiff would follow the instant judgment, upon receiving a favorable judgment against the Defendant B, can expect the voluntary performance of the Defendant’s Han-Investment Securities upon receiving a favorable judgment against the Plaintiff.

Therefore, the Plaintiff’s lawsuit on the Defendant Han-han Investment Securities is unlawful, since it is not recognized that it is necessary to claim in advance.

2. Determination on the merits against Defendant B

A. As to the cause of the claim, Plaintiff B held 5,00 common shares with the face value of KRW 5,000,000 registered common shares of Co., Ltd. (D Co., Ltd.; hereinafter “Nonindicted Co., Ltd.”) as to the subsequent change of the trade name several times, and deposited the share certificates (hereinafter the same shall apply in the attached list) in Defendant Han-han Investment Securities. On March 11, 201, the Plaintiff and Defendant B entered into a contract for the purchase of shares with Defendant B selling the entire shares to the Plaintiff at KRW 100,000,000, and on the date of the contract, the Plaintiff entered into a contract for the purchase of shares with the Defendant.

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