주주권 확인 등
1. Shares 90,00 shares in Defendant B’s name among common shares of KRW 5,000 in face value per face value per Defendant D’s issuance and Defendant C.
1. As to the cause of the claim, the Plaintiff: (a) each title trust (hereinafter “instant title trust”) was held against Defendant B, among common shares of KRW 5,000 in face value of Defendant D Co., Ltd. (hereinafter “Defendant Company”); (b) around 2004, around 72,000 shares at the time of the establishment of the Defendant Company; and (c) around 65,000 shares to Defendant C (hereinafter “each of the instant shares”); (d) around 2007, the fact that the Defendant Company completed the transfer of each of the instant shares under Defendant B and C’s name with respect to the instant shares is not disputed between the parties; or (e) there is no dispute between the parties; and (e) the overall purport of each entry and pleading as set forth in subparagraphs A through C (including the serial number).
Meanwhile, the fact that the instant complaint, indicating the Plaintiff’s intent to terminate the title trust of this case against Defendant B and C, reached each of Defendant B and C on September 28, 2018 is apparent in the record.
According to the above facts, since the shareholder's right to the shares of this case was returned to the plaintiff following the termination of the title trust of this case, the plaintiff is deemed to be the shareholder of this case. As long as the defendants dispute this, the plaintiff has the interest to seek confirmation, and the defendant company is obligated to implement the transfer procedure to change the shareholder's name to the plaintiff as to the shares of this case.
2. The Defendants’ assertion against the Defendants acknowledged the title trust of this case. However, in order to uniformly process the legal relationship surrounding the Defendant Company, Defendant B and C, the title holder of the instant shares, are recognized as shareholders in the external relationship with the Defendant Company, and therefore, they cannot comply with the Plaintiff’s claim.
If a person who has entrusted a shareholder's name with respect to the shares before the issuance of share certificates terminates a title trust contract with the trustee, the shareholder's right to the shares is returned to the title truster only by the declaration of termination.