주주권확인
1. It is confirmed that the Plaintiff is a shareholder of shares listed in the separate sheet.
2. The costs of lawsuit are assessed against the Defendants.
1. Facts of recognition;
A. A. Around February 2003, the Plaintiff acquired the entire 100,000 shares of D from F, G, etc., which were shareholders of D (the first corporate name of the Party was, but as of December 13, 2002, changed to the corporate name as of December 13, 2002; hereinafter “D”) from F, G, etc., and entrusted the Defendant B with the name of 19,000 shares among them, and 30,000 shares to the Defendant C, respectively.
(hereinafter “each of the instant title trust agreements”). B.
Defendant B on the list of shareholders of D is a shareholder of 19,00 common shares, and Defendant C is a shareholder of 30,000 common shares.
(hereinafter referred to as the “instant shares”) D/C of the Defendants’ name.
D did not issue share certificates.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. If a person who entrusted a shareholder’s name with respect to the shares before the issuance of share certificates to determine the cause of the claim terminates a title trust agreement with the trustee, the shareholder’s right to the shares is returned to the title truster solely by the declaration of termination. In such a case, where a shareholder’s name recorded in the register of shareholders contests a substantial shareholder’s right, the substantial shareholder may seek confirmation of the shareholder’s right against
(See Supreme Court Decision 201Da109708 Decided February 14, 2013, etc.). The Plaintiff expressed his/her intent to terminate each of the instant title trust contracts by serving a duplicate of the instant complaint on the Plaintiff, and the fact that the duplicate of the instant complaint was served on Defendant C on August 11, 2017, and Defendant B on August 14, 2017 is apparent in the record. As such, each of the instant title trust contracts was terminated, the Plaintiff’s right to the instant shares is vested in the Plaintiff.
In addition, since the Defendants are dissatisfied with the Plaintiff’s shareholder rights, the Plaintiff is the Plaintiff’s shareholder rights against the Defendants.