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(영문) 서울서부지방법원 2016.05.11 2015가단242002

주주권확인

Text

1. The Defendants confirm that the Plaintiff is a shareholder of the shares listed in [Attachment 1 and 2] list.

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

Reasons

1. The facts of recognition reveal that the Plaintiff established D Co., Ltd. around 1994; the Plaintiff, who was in need of three or more promoters under the relevant laws and regulations at the time, actually contributed to all the Defendants, but lent the names of the Defendants, and entered them in the name of the promoters and the underwriters; accordingly, the Defendants were listed in the register of shareholders as shown in the attached Tables 1 and 2 so far as they had been registered in the register of shareholders; and the Plaintiff sent to the Defendants on October 12, 2015, a certificate of intent to terminate the title trust relationship with respect to the shares of D Co., Ltd.; and the fact that they reached the Defendants around that time is either disputed between the parties or acknowledged by evidence A Nos. 1 through 6.

2. The parties' assertion and the plaintiff of this court's judgment were terminated the title trust relationship with respect to the shares listed in the annexed Tables 1 and 2 list, and since shareholders' rights with respect to the shares were restored to the plaintiff within and outside the country, the plaintiff's claim as the lawsuit of this case is the shareholder of the shares listed in the annexed Tables 1 and

In this regard, the Defendants asserted that the shares listed in the separate sheet Nos. 1 and 2 are nominally owned, but they expressed their intent that the Plaintiff may transfer the ownership of the shares, and that the Defendants have the right to continue to hold the shares when considering their contribution to the development of D Co., Ltd.

Unless there are special circumstances, the Plaintiff, a trust administrator, may terminate the title trust relationship at any time, and the grounds alleged by the Defendants cannot be a special reason to prevent the exercise of the termination right.

Ultimately, upon termination of October 12, 2015, the Plaintiff’s title trust relationship with respect to shares listed in the separate sheet 1 and 2 was terminated, and accordingly, the Plaintiff becomes a shareholder of shares listed in the separate sheet 1 and 2 inside and outside the country. As long as the Defendants are dissatisfied with this, it is confirmed as the instant lawsuit.