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(영문) 인천지방법원 2017.08.10 2017가단208897

주주권확인 등

Text

1. Defendant B confirms that the shareholder rights of the shares listed in the separate sheet were against the Plaintiff.

2. Defendant.

Reasons

1. Facts of recognition;

A. Defendant C Co., Ltd (formerly, Co., Ltd.; hereinafter “Defendant C”) is a company established on May 3, 2012, and the total number of issued stocks is 40,000 shares, and the share certificates were not issued.

B. Defendant B is an internal director of Defendant C, who is a shareholder of 19,800 shares in the register of shareholders.

C. Defendant B decided to conduct a partnership business with Defendant B by raising funds with Defendant B, and Defendant B raised funds through the Plaintiff, the wife, and the branch, etc., and the dispute arises due to the reasons, etc.

On December 29, 2014, Defendant B, via E, prepared a written confirmation (hereinafter “instant written confirmation”) stating that “The name of 11,300 shares, from among F shares, the name of 11,30 shares, the name of 11,30 shares, shall be verified as G ownership”, to the Plaintiff.

The term “F” as stated in the instant certificate refers to Defendant C.

E. On March 21, 2017, a copy of the instant complaint containing the Plaintiff’s declaration of intent to terminate a title trust agreement with respect to the shares listed in the attached list (hereinafter “instant shares”) was served on Defendant B.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 8 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The “G” stated in the Plaintiff’s instant confirmation document is a clerical error in the Plaintiff’s name.

According to the instant certificate, a title trust agreement was concluded between the Plaintiff and Defendant B.

The Plaintiff terminated a title trust agreement with the delivery of the duplicate of the instant complaint, and seeks confirmation of shareholders' rights against Defendant B, and seek implementation of the transfer procedure against Defendant C.

B. The defendants' assertion of this case is that defendant B donated the shares of this case to the plaintiff.

is not a document prepared by the intent to enter into an agreement on title trust.

E prepares this case’s confirmation to Defendant B, and shows it to others.