주주권확인
1. It is confirmed that the shareholders' rights of the shares listed in the separate sheet are against the Plaintiff.
2. The costs of lawsuit are assessed against the Defendants.
1. Determination as to the claim against the defendant B
A. Facts of recognition 1) The Plaintiff is between Defendant B and Defendant D (hereinafter “Nonindicted Company”) around September 2007.
(2) On September 10, 207, the Plaintiff prepared a title trust agreement with the purport of accepting 2,000 shares of the non-party company under the name of Defendant B among the shares issued at the time of incorporation, and the Defendant B accepted 2,000 shares of the non-party company under its own name (=2,000 shares x 5,000 won) pursuant to the above agreement, and the Plaintiff raised the total amount of the purchase price. (2) On March 15, 2010, the Plaintiff prepared a title trust agreement with the Defendant B to accept 6,00 shares of the non-party company under the name of Defendant B among the shares issued additionally due to capital increase with the non-party company’s capital increase, and on the same day, the Defendant B received 30,000 shares of the non-party company under its own name (=6,000 shares x 5,000 shares x 5,000 won).
3) As of the date of the closing of argument in the instant case, Defendant B entered in the register of shareholders as shareholders holding 8,000 shares out of the total 40,000 shares issued by Nonparty Company (i.e., 2,000 shares issued at the time of incorporation) (i.e., 6,00 shares issued at the time of incorporation). 4) The share certificates for Nonparty Company’s shares
5) On January 8, 2015, the Plaintiff expressed an intention to terminate a title trust agreement concluded with Defendant B through the instant complaint, and the warden containing such intent reached Defendant B on March 20, 2015. [Grounds for recognition] The Plaintiff did not dispute, which is significant fact in this court, A’s evidence Nos. 14 through 17, and A’s evidence Nos. 21 through 27 (including a serial number; hereinafter the same shall apply).
each entry, the purport of the whole pleading
B. Comprehensively taking account of the above facts found in the judgment below, the Plaintiff and Defendant B entered into a title trust agreement with respect to the shares of the non-party company 8,000 shares on September 2007 and March 15, 2010, and Defendant B entered into a title trust agreement with respect to the shares of the non-party company 8,00 shares based on the title trust agreement.