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(영문) 대전지방법원홍성지원 2019.06.12 2019가단30563

주주권확인

Text

1. The Defendants confirm that the Plaintiff is a shareholder of each share listed in the separate sheet.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. The following facts and circumstances may be acknowledged and there shall be no counter-proof in full view of the purport of the entire pleadings in each of the facts of recognition and evidence Nos. 1 to 12 (including partial numbers).

On March 11, 2004, the Plaintiff registered the business of “E” with the name of “E” for the manufacture and sales business of Austria under the name of “E” and operated the manufacture and sales business of Austria.

B. After that, on November 27, 2012, the Plaintiff established the F Co., Ltd. F for the business purposes of the manufacture, sale, and education on the events of the Austria (hereinafter “foreign company”) and operates the non-party company as the representative director from the time of its incorporation to the date of its incorporation.

The Defendants are married couple, and Defendant B is the Plaintiff’s punishment, and Defendant C is the Plaintiff’s punishment.

C. At the time of the incorporation of the non-party company, the Plaintiff paid 75% of the share price of 20,000 common shares (5,000 won per share), and D paid 25% of the share price of 25%.

At the time, the Plaintiff entered into a title trust agreement on each 5,00 shares among the shares that the Plaintiff paid to the Defendants, and the Defendants entered each of the above shares as shareholders on the list of shareholders.

Since the establishment of the non-party company B, Defendant B was in the position of managing director and retired on March 28, 2018.

On March 28, 2018, Defendant C was registered as a registration director in the corporate register of the non-party company, and the retirement registration was made with Defendant B, but actually Defendant C did not work in the non-party company.

E. Around September 2015, the Plaintiff was transferred from Defendant C in the form of donation 4,00 common shares issued by Nonparty C as a shareholder.

The Defendants seem to have never exercised their rights as shareholders of the non-party company until now.

2. According to the above facts and circumstances, the Plaintiff is the actual shareholder of each share listed in the separate sheet, and the Defendants are the shareholders of the Plaintiff pursuant to the title trust agreement with the Plaintiff.