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(영문) 서울남부지방법원 2015.10.23 2015가단218154

주주권 확인 등

Text

1. As to the shares 10,00 per share of the issuance of Defendant C, among the shares 5,000 shares, 2,500 shares in Defendant B.

Reasons

1. Determination

A. Defendant C Co., Ltd. (hereinafter “Defendant C”) was established on October 27, 1989 with capital of 50,000,000, and the total number of outstanding shares of 5,000 (10,000 won per share). The Plaintiff held the Defendant B with title trust of 1,500 shares and 1,00 shares around July 5, 1996, around 197; the Plaintiff terminated the title trust of 2,500 shares by the delivery of the complaint against the Defendant B; the shares of the Defendant Co., Ltd did not have any dispute between the parties, or are clear or clear in records or in evidence No. 1,000 shares; and the purport of the entire pleading was added to the statement in evidence No. 2.

B. According to the above facts of recognition, the right of shareholders as to the shares 2,500 shares in the name of Defendant B among the shares of the Defendant Company is disputed by Defendant B to return to the Plaintiff, the title truster upon termination of the title trust. Therefore, the Plaintiff has a benefit to seek confirmation of the shareholders’ right to the said shares against Defendant B, and the Defendant Company is obliged to implement the transfer procedure to change the shareholders’ name to the Plaintiff as to the said shares.

2. Therefore, the Plaintiff’s claim against the Defendants is accepted.