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(영문) 서울서부지방법원 2017.03.30 2016가단212459

주주권 확인의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (former C Co., Ltd.; hereinafter “Defendant Company”) is a company established on March 11, 1991 for the purpose of leasing and managing real estate, housing construction business, etc., and the Plaintiff was recorded as a shareholder in the list of shareholders as to the shares listed in the separate sheet of the Defendant Company (hereinafter “instant shares”).

B. The representative director D of the Defendant Company is the father of the Plaintiff’s former spouse E (the Plaintiff’s old city) and F is an infant between the Plaintiff and E, and D prepares a share transfer certificate with respect to the instant shares as the transfer value of KRW 5,000,000, transferor, and transferee F on February 6, 2014, and filed a securities transaction tax and transfer income tax return under the Plaintiff’s name.

Accordingly, the transfer of title to F was made to F on the instant shares in the name of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 4, Eul evidence 5-1 and Eul evidence 5-2, the purport of the whole pleadings

2. The summary of the party’s assertion and the key issue of this case asserted that, on the premise that the Plaintiff is the owner of the instant shares, D, by forging a certificate of stock transfer, etc. under the Plaintiff’s name, entered the transfer of the instant shares to F without permission, but this is null and void as it infringes upon the Plaintiff’s shareholder’s rights without any legal cause. Thus, the Plaintiff’s transfer of shares should be restored

As to this, the Defendant asserted that D’s title trust was cancelled on the Plaintiff, and that D’s transfer of ownership was not an infringement on the Plaintiff’s shareholder’s rights, even if D, without the Plaintiff’s consent, forged a certificate of stock transfer, etc. and made a change of entry into a transfer of ownership without the Plaintiff’s consent.

Therefore, the issue of this case is whether or not the title trust of the shares of this case.

3. The list of shareholders shall be listed as shareholders.