사원권 확인의 소
1. Of the instant lawsuit, the part of the claim for the performance of the procedure for change of the membership shall be dismissed.
2. Between the Plaintiff and the Defendants,
Basic Facts
On February 2, 2009, a limited liability company D is a company incorporated with the total amount of 10,000 won per head office, Gun E, 10,000 won per investment unit, and 50,000,000 won per total amount of capital (hereinafter “instant company”). Defendant B is concurrently registered as the representative director of the instant company, and Defendant C holds the 3,000 shares under the employee registry of the instant company. Defendant C is registered as a director of the instant company; Defendant C is holding the 2,00 shares remaining 2,00 shares on the employee registry of the instant company (hereinafter collectively referred to as “instant employee registry”), or there is no dispute between the parties, and the entire purport of pleadings and arguments.
The plaintiff's assertion by the parties is that on February 2, 2009, the plaintiff established the company of this case under title trust with the defendants, a relative of FF, who had been in an internal relationship. The defendants registered as representative director or director, but actually established and operated the company of this case. The plaintiff is the true right holder of the right to employee of this case, and the contract for title trust with the defendants is terminated through the service of a copy of the complaint of this case as the true right holder.
Therefore, the Plaintiff and the Defendants sought confirmation that the Plaintiff had the right of membership in the instant case and sought implementation of the procedure for changing the name of the right of membership in the instant case to the Plaintiff.
The founder and operator of the instant company asserted by the Defendants as F and the Defendants. F, on August 12, 2002, sold apartment houses owned by the Defendants, and set up a limited liability company G (hereinafter “G”) based on this, and established and operated a limited liability company (hereinafter “H”) on July 22, 2005, and established the instant company.
In addition, F and its relatives are accounts of G, H and the instant company.