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(영문) 서울남부지방법원 2020.01.31 2019가합114479
주권 인도 청구의 소
Text

1. The Plaintiff, Defendant B, and Defendant C, as indicated in the separate sheet No. 1, deliver each share certificate in the separate sheet No. 2.

2...

Reasons

1. Basic facts

A. The Plaintiff is the representative director of D Co., Ltd. (hereinafter “instant company”) and the nominal owner of 65,800 shares out of 320,000 shares of the instant company. The Defendants are the former employees of the instant company; Defendant B is the nominal owner of 36,00 shares; Defendant C is the 12,00 shares shares of the instant company.

B. At the time of the establishment of the instant company on November 17, 1983, the Plaintiff subscribed 1,000 shares in the name of E, 800 shares in the name of F, and 600 shares in the name of G.

C. The Plaintiff: (a) on August 31, 1984, 800 shares FF’s 800 shares to Defendant B; (b) on December 5, 1985, 1,000 shares under E’s name to Defendant B; and (c) on August 9, 1987, 600 shares under G name to Defendant C respectively.

The instant company issued six capital increase issued on November 18, 1987; November 27, 1989; March 7, 1991; July 17, 1991; and July 18, 191; Defendant B became the nominal owner of the shares of 12,000 shares.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including virtual numbers), and the purport of the whole pleadings

2. According to the facts of the above recognition, the plaintiff shall be deemed to have held title trust with the shares of each company of this case, and since the copy of the complaint of this case containing the plaintiff's expression of termination of a title trust agreement for the shares of this case was delivered to the defendants and the title trust contract was lawfully terminated, the defendant B shall be obligated to deliver the share certificates listed in the separate sheet 1, and the defendant C shall be obligated to deliver the share certificates listed in

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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