기타(금전)
1. The defendant shall write the name of the shareholder on the register of shareholders as to the shares listed in the separate sheet to the plaintiff in the name of the plaintiff.
1. On October 11, 2017, the Plaintiff entered into a share acquisition agreement with C to acquire the shares issued by the Defendant (hereinafter “instant shares”) and paid KRW 10 million to C on that day.
[Ground for Recognition: Facts without dispute, Gap 1 through 6 evidence, purport of the whole pleadings]
2. Determination
A. According to the above facts, the Defendant, the issuing company of the instant shares, is obligated to implement the transfer procedure for the instant shares to the Plaintiff, the transferee of the instant shares.
B. The Defendant asserts to the effect that the instant shares were held in title trust with C and that C disposed of the instant shares to the Plaintiff is null and void, and thus, the Plaintiff is not a legitimate right holder of the instant shares.
On the other hand, a person registered as a shareholder in the register of shareholders is presumed to be a shareholder of the company, and in order to reverse this, the person has the burden of proving that he/she denies his/her shareholder's rights (see Supreme Court en banc Decision 2015Da248342, Mar. 23, 2017), and there is insufficient evidence to acknowledge that the shares of this case are held in title trust with C solely on the basis of each statement of evidence Nos. 1 through 4.
Therefore, the defendant's above assertion cannot be accepted.
3. citing the Plaintiff’s claim.