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(영문) 서울서부지방법원 2019.11.26 2018가단227905

주주권확인

Text

1. The defendant is under the name of the defendant on the register of shareholders out of 10,000 common shares of C's issued shares.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “instant company”) was established on June 10, 2003 for the purpose of road transport business, cargo handling business, storage and warehousing business, etc.

The total number of shares issued at the time of the incorporation of the instant company is 10,000 shares (in par value 5,000 per share), capital is 50,000 won, total number of shares issued and capital has not been changed until now, and stock certificates have not been issued.

B. The Plaintiff was the representative director of the instant company at the time of the establishment of the instant company, and D was the auditor, E and the Defendant.

At the time of the incorporation of the instant company, among the 10,000 shares issued by the Plaintiff, the Plaintiff became 9,100 shares, D, E, and the Defendant respectively 300 shares, and thereafter, the agreement was concluded between the Plaintiff and the Defendant on March 31, 2005 that sold 1,90 shares owned by the Plaintiff at KRW 9,500,000 shares, and around that time, the Plaintiff transferred 2,200 shares owned by the Plaintiff to F, thereby changing the shareholders as listed below.

The shareholder’s basic fluctuation 10,000 4,100 4,100 4,100 10,000 10,1000 10,1000 91,100 914,100 5,000 5,000 500 500 300 300 300 300 3300 3300 3300 3300 3,300 31,90 2,200 222,202,202222

C. Since around 2012, E transferred 300 shares owned by it to the Plaintiff. From the end of 2017 to the end of 2017, the Plaintiff was registered as shareholders of 5,300 shares, D 300 shares, Defendant, and F as shareholders of 2,200 shares.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 13, 14, 15, and the purport of the whole pleadings

2. Determination:

A. In full view of the following circumstances as seen earlier, prior to the existence of title trust, and the respective entries in Gap's 3,4,5,7, and the purport of the entire pleadings, it is reasonable to view that the beneficial shareholder with 2,200 shares in the name of the defendant on the register of shareholders among the total number of shares issued by the company in this case is the plaintiff, and the defendant was entrusted with the name of the shareholder pursuant to the title trust agreement with the plaintiff.