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(영문) 수원지방법원 안산지원 2018.06.07 2017가합9739
주식반환 청구
Text

1. The Plaintiff and the Defendants confirm that each of the shares listed in the separate sheet is the Plaintiff.

2. Defendant.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in the business of manufacturing and establishing late-ro joints, and the Plaintiff is the representative director of the Defendant Company.

B. The Plaintiff held the title trust of 27,200 shares registered common shares (amounting to 5,000 won per share) of the Defendant Company to Defendant C, and 18,800 shares to Defendant D, Defendant E, and 15,500 shares to Defendant E, and 23,00 shares to Defendant F, respectively.

(hereinafter referred to as the “instant shares”) the shares registered in the said Defendants’ name are C.

The Plaintiff, upon the delivery of the complaint in this case, expressed to Defendant C, D, E, F, and G the intent to terminate the title trust of the instant shares, and the said declaration of intent reached the Defendants.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination

A. If a person who has entrusted a shareholder’s name terminates the title trust contract with the trustee, the shareholder’s right is returned to the truster (see, e.g., Supreme Court Decision 92Da16386, Oct. 27, 1992). According to the above facts of recognition, the Plaintiff entered into a contract with Defendant C, D, E, F, and G under which the shares of this case were held in title trust in the future of the said Defendants, and terminated it. Accordingly, the shareholder’s right to the shares of this case is ultimately against

However, the above defendants acknowledged that the shares of this case are owned by the plaintiff, but do not return it to the plaintiff, so the plaintiff is also entitled to the benefit of seeking confirmation of the shareholders' rights.

Furthermore, Defendant Company is obligated to implement transfer procedures to change the name of each of the instant shares in the register of shareholders to the Plaintiff.

B. On the other hand, Defendant C, D, E, F, and G had the instant shares trusted by the Plaintiff, but if the said Defendants contributed to the growth of the company while working in the Defendant Company, the said Defendants would give their shares to the said Defendants.

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