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(영문) 대전지방법원 2016.09.21 2016가단206236
주식소유권확인등
Text

1. Defendant C confirms that the shares stated in attached Form 1, and Defendant D’s shares stated in attached Form 2, are owned by each Plaintiff.

2.

Reasons

1. Facts of recognition;

A. On July 25, 2003, among the total number of shares issued at the time of incorporation of Defendant B Co., Ltd. (hereinafter “Defendant Company”), 1,500 shares out of 5,00 shares, and 1,890 shares out of 9,00 shares issued at the time of capital increase on September 15, 2005 were subscribed for purchase in the name of each Plaintiff.

B. However, on September 5, 2005, the Plaintiff transferred 450 shares issued by the Defendant Company to Defendant D in KRW 10,000 per share, and the Plaintiff’s transfer of 2,940 shares issued by the Defendant Company to Defendant C in KRW 10,00 per share was forged on January 11, 2006, respectively. Accordingly, all shares issued by the Defendant Company in the Plaintiff’s name (attached Form 1), 3,390 shares issued by the Defendant Company in the Plaintiff’s name (attached Form 2), respectively, was changed to Defendant D and C’s name as indicated in [Attachment Form 2].

[Reasons for Recognition] Unsatisfy, Each entry in Gap evidence 1-5 (including each number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the facts of recognition under paragraph (1) of the determination as to the cause of the claim, the Plaintiff did not transfer the shares issued by the Defendant Company owned by the Plaintiff to Defendant C and D, and the Defendant C is obligated to confirm that the shares indicated in [Attachment 1] are owned by each Plaintiff, and that Defendant D [Attachment 2] shares are owned by each Plaintiff, and to perform the shareholder transfer procedure as to each of the above shares.

B. The Defendants asserted as to the Defendants’ assertion that the Defendant C established the Defendant Company, under title trust with the Plaintiff, the shares 1,500 of the Defendant Company’s capital was increased, and 1,890 shares were distributed to the Plaintiff’s name as to the shares 1,500 shares in the Plaintiff’s name, and thereafter, the Plaintiff’s claim based on the premise that each of the shares listed in [Attachment 1] and [Attachment 2] are owned by the Plaintiff was returned to the Plaintiff under the name of Defendant C and D.

However, each statement of the evidence Nos. 2-9 (including each number) is the defendant.

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