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(영문) 수원지방법원평택지원 2016.09.22 2015가단16779
주주명의 개서절차 이행청구의 소
Text

1. Defendant B transferred to the Plaintiff 15,000 common shares of E Co., Ltd. (5,000 won per share).

2. The plaintiff C, .

Reasons

1. Claim against the defendant B

A. On May 2006, the Plaintiff indicated the claim that all shares of E Co., Ltd. (F Co., Ltd.) and the representative director shall be succeeded, and 15,000 shares out of 60,000 shares were nominal trust with Defendant B, and sought the return of shares.

Confession of applicable provisions of Acts (Article 150(3) of the Civil Procedure Act)

2. Claim against Defendant C and D

A. The Plaintiff asserted that the Plaintiff subscribed to the above E Co., Ltd. and shares, and held a title trust with 20,000 shares in the name of father G of the Defendants, and sought the return thereof from the Defendants, who are the inheritors of G.

B. The witness J’s testimony to the effect that Gap’s evidence Nos. 1, 2, 4, and 6, other than the documents related to regular title trust, is not sufficient to acknowledge that the title trust agreement existed between the plaintiff’s side and G, and there is no other objective evidence to acknowledge it. Thus, the plaintiff’s respective claims against defendant C and D are dismissed as it is without any justifiable reason. It is so decided as per Disposition by the assent of all participating Justices.

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