주주권 확인
1. It is confirmed that the Plaintiff and the Defendant have the Plaintiff’s right to the shares listed in the separate sheet.
2...
1. Facts of recognition;
A. On September 5, 1997, the Plaintiff established C Co., Ltd. for the purpose of manufacturing and selling lux pipes. Around that time, the Plaintiff borrowed 750 shares of C Co., Ltd. under the name of the Defendant, who is the mother of C Co., Ltd., and acquired the acquisition price.
B. In 199 and 2001, the Plaintiff subscribed new shares under the name of the Defendant when issuing new shares twice in 199 and 2001, and the subscription price was fully paid by the Plaintiff.
The shares of the defendant acquired by the plaintiff are 13,750 shares as of the end of 1999 and 20,166 shares as of the end of 2001, and 20,16 shares as of the date of the closing of argument.
C. On February 2, 2019, the Plaintiff expressed to the Defendant that he would terminate the title trust agreement on the shares listed in the separate sheet in which the title trust was held to the Defendant.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. A nominal shareholder entered in the registry of shareholders that held the cause of a claim is recognized as a qualification-based effect that can exercise shareholder rights, even if he/she did not prove his/her substantial rights in relation to the company, and does not have been recognized as a creative effect by entry in the registry of shareholders. Thus, in cases where he/she acquired shares and paid the price of shares by investing shares in the name of another person with the consent of another person, only the nominal borrower who actually acquired shares and actually paid the price of shares shall be a shareholder, and the nominal lender shall not be a mere nominal shareholder. The same applies to cases where
(see, e.g., Supreme Court Decision 2010Da22552, May 26, 2011). In addition, when a person who entrusted a title trust contract with respect to shares before issuance of share certificates terminates with the trustee, the shareholder’s right to the shares is returned to the title truster solely by the declaration of termination.