주주권확인 등
1. Defendant B confirms that the shareholder rights of the shares listed in the separate sheet were against the Plaintiff.
2. Defendant.
1. Basic facts
A. Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) is 52,500 shares in total and 10,000 shares in shares issued by the company established on October 20, 1975.
B. Defendant B is a shareholder of the shares listed in the attached list on the shareholder registry of the Defendant Company (hereinafter “instant shares”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 5, the purport of the whole pleadings
2. The Plaintiff asserted that the instant shares were concluded between the Plaintiff and Defendant B regarding the instant shares, and that the title trust agreement was terminated by the delivery of a copy of the complaint, and sought confirmation of shareholders’ rights against the Defendant B, and sought implementation of the transfer procedure against the Defendant Company.
As to this, Defendant B asserted to the effect that the instant shares were donated by the Plaintiff.
3. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 and 5, the Plaintiff and Defendant B were relatives, and the Plaintiff’s shares of the Defendant Company, other than Defendant B, were terminated and returned by termination of the title trust agreement in around 1999. Accordingly, the Defendant Company’s shares currently owned by the Plaintiff except the instant shares, and Defendant B did not have invested in the Defendant Company. Accordingly, according to the above facts of recognition, the title trust agreement on the instant shares was concluded between the Plaintiff and Defendant B appears to have been concluded, and the Plaintiff terminated the title trust agreement by delivery of a duplicate of the complaint in this case. Thus, the Plaintiff’s rights to the instant shares were returned to the Plaintiff.
Since Defendant B is disputing the Plaintiff’s shareholder right, the Plaintiff has a benefit to seek confirmation against Defendant B that the Plaintiff’s shareholder right regarding the instant case is the Plaintiff, and the instant shares under Defendant B’s name should be transferred to the Plaintiff, the actual owner. As such, Defendant B ought to be transferred to the Plaintiff.