주주권확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On September 5, 1997, the Plaintiff and the Defendant jointly established C (hereinafter “instant company”) and purchased 10,000 shares issued by the instant company each with 5,000 shares, and paid the share capital, and registered 5,00 shares owned by the Plaintiff in the name of the Defendant on the Plaintiff’s registry in order to avoid complex problems related to the Plaintiff’s permanent residence rights. The Plaintiff seeks to terminate a title trust agreement with respect to 5,00 shares upon delivery of the instant complaint and confirm that the Plaintiff has the right as a shareholder of the said shares.
2. The facts that the Plaintiff and the Defendant jointly established and operated the instant company on September 5, 1997 are without dispute between the parties. Comprehensively taking account of the respective descriptions as Gap evidence Nos. 1, 4 through 13, and evidence Nos. 3-1 through 11, the Plaintiff was registered as the auditor of the instant company from December 23, 2002 to September 5, 2015, as the joint representative director from September 5, 2015, the amount of the salary paid by the instant company is the same as the principal, and the amount of the salary paid by the Plaintiff and the Defendant is the same as the principal, and the Defendant is recognized that the amount transferred to the account in the Plaintiff’s name from around 2004 to around 2015 exceeds the total amount of KRW 9 million,00,000,000, each of these facts are insufficient to recognize that the Plaintiff owned only the Plaintiff’s shares issued in the instant company’s trust.
3. If so, the plaintiff's claim of this case based on the premise that the plaintiff held the title trust of 5,00 shares issued by the company of this case to the defendant is dismissed without any further review. It is so decided as per Disposition.