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(영문) 수원지방법원 여주지원 2017.04.20 2016가단56665

주주권확인

Text

1. It is confirmed that the Plaintiff is a shareholder of the shares listed in the separate sheet.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “Nonindicted Company”) is a company engaged in specialized construction business, transportation-related service business, etc., and the Plaintiff is the representative of the Nonparty Company from the time of its incorporation to the date of its incorporation.

B. On July 16, 2002, the Plaintiff accepted the full amount of the share capital for 1,200 shares registered common shares (hereinafter “instant shares”) as indicated in the attached list issued by the non-party company (hereinafter “instant shares”), and entrusted the Defendant with the title of the instant shares.

C. On November 28, 2016, a duplicate of the instant complaint containing the Plaintiff’s expression of intent to terminate the title trust agreement with respect to the instant shares was served on the Defendant.

[Grounds for Recognition: Statements in Items A to 4 and the purport of the whole pleadings]

2. According to the above facts of recognition, the plaintiff borrowed the defendant's name as the actual underwriter of the shares of this case and held title trust, but terminated the title trust agreement through the delivery of a copy of the complaint of this case, so the shareholder's right to the shares of this case was returned to the plaintiff. As long as the defendant contests this, the plaintiff has a benefit to seek confirmation of the shareholder'

3. In conclusion, the plaintiff's claim can be accepted, so it is decided as per Disposition by admitting it.