주주권확인 청구의 소
1. Of ordinary shares issued by C, 40,000 shares, 6,667 shares in the name of the defendant are owned by the plaintiff.
1. As to the Defendant on February 21, 200, with respect to 5,000 common shares of C Co., Ltd. on February 21, 200, each title trust contract (hereinafter “each title trust contract of this case”) on August 28, 200 with respect to 1,667 common shares of the above company was entered into on August 28, 200 is not a dispute between the parties, and the Plaintiff expressed his/her intention to terminate each of the above title trust contracts by delivery of a copy of the complaint of this case is obvious in the record.
According to the above facts, since each of the instant title trust agreements was terminated, it shall be deemed that C’s common shares (=5,000 shares 1,667 shares) are owned by the Plaintiff, and as long as the Defendant refused to return the said shares, there is a benefit to seek confirmation.
2. The defendant's argument regarding the defendant's assertion that since the plaintiff did not make any compensation in return for the title trust even though the plaintiff had the right to adequate compensation in return for the title trust, the return of the above shares may be refused. However, there is no evidence to prove that the plaintiff was a reasonable compensation cycle in return for the
Rather, according to the statement No. 3-1 and No. 2, according to Article 4(1) of the respective title trust agreement of this case, the defendant should return the shares held in title trust to the plaintiff without compensation if the plaintiff requests the return of the shares held in title trust.
Therefore, the defendant's above assertion is not accepted.
3. The plaintiff's claim for conclusion is justified and acceptable.