주주권확인 및 명의개서절차이행
1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiff's claim against the defendant is dismissed.
3...
1. Basic facts
A. The Plaintiff is the Defendant’s child and in-house director of C Co., Ltd. (hereinafter “C”).
B. C was established on August 28, 2008, and the total number of outstanding shares is 10,000 won (5,000 won per share, 50 million won per share).
C. The Plaintiff is the sole intra-company director of C, and is the owner of 10,00 shares of C, such as the list in the list of shareholders in the list of shareholders (hereinafter “instant shares”).
[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1, 2, and 9, the purport of the whole pleadings
2. The plaintiff's assertion was sent to the plaintiff on May 6, 2008 as the share price of this case at the time of C's incorporation, and the plaintiff paid the share price of KRW 50 million among them to C's account transfer on September 5, 2008. Thus, the plaintiff was owned by the defendant, and it was acquired in the name of the plaintiff according to the trust agreement between the plaintiff and the defendant.
The plaintiff terminated the above title trust agreement through the service of the duplicate of the complaint of this case. Thus, the plaintiff seeks confirmation of the ownership of the shares of this case to the defendant.
3. A person registered as a shareholder in the registry of shareholders is presumed to be a shareholder of the company in question, and in order to reverse this, the person who is registered as a shareholder in the registry of shareholders bears the burden of proving that he/she denies shareholder rights (see, e.g., Supreme Court Decision 84Meu2082, Mar. 26, 1985). In order to assert that the name of the shareholder in the registry of shareholders was trusted and that of the name borrowed, the person who is registered as a shareholder in the registry of shareholders has to prove that
In addition, even if a third party, who is not a shareholder on the register of shareholders, actually engaged in the payment of the purchase price of new shares, the relationship based on which such act was based can present various forms of legal relations, such as a title trust relationship, and a simple loan relationship between the purchase price of new shares.