주주권 확인 등
1. Defendant B, C, and D. among the registered common shares of KRW 5,000 in the face value of F-issuance Co., Ltd. and the Defendants.
Around October 12, 1985, the Plaintiff entered into an agreement on the title trust with Defendant B, D, and E, and even if the Plaintiff actually borrowed its name and paid the entire share capital, the Plaintiff was registered as a shareholder holding each 500 shares, 500 shares, and 400 shares registered common shares on the F’s list of shareholders under the Defendants’ name as if the Defendants paid the share capital, and the Plaintiff paid the total share capital on July 15, 1986, and the number of shares increased to 1,50 shares,1,50 shares, and 120 shares, based on the fact that the number of shares was initially increased to 1,50 shares, 3,00 shares registered common shares, which the Plaintiff acquired under his name G, and that transfer was made in the future by requesting the Defendant C to the effect that the Plaintiff expressed his intention to cancel each of the above contracts and to cooperate in the procedure for the transfer of title.
In relation to the Defendants, the Plaintiff sought confirmation of whether the Plaintiff is a holder of the registered common shares of F, a transfer of ownership in the future, from the relationship with the Defendants, the Defendants asserted that they are externally owners in the relationship with the said stock company.
In light of the above, even if the Defendants, other than the title trust, which was made for a lawful purpose such as tax evasion in relation to the above title trust, can exercise rights as a shareholder in an external relationship, such as a stock company that issued the relevant shares, the Plaintiff terminates the title trust agreement, and can seek confirmation of ownership from the Defendants, the title trustee disputing the ownership. As such, the Plaintiff’s claim is accepted as reasonable. However, since the Defendants dispute only legal judgment, the costs of lawsuit are borne individually.