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(영문) 부산지방법원서부지원 2020.02.18 2018가단113605

주주권확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “Nonindicted Company”) was established on November 18, 199 for the purpose of vessel engines, parts manufacturing, and sales business. At the time of its establishment, 5,000 common shares with a face value of 10,000. Among them, 1,000 common shares were registered in the Plaintiff’s name, 3,005 shares were registered in the Plaintiff’s name and the Defendant’s name as the Plaintiff’s mother, and 95 shares were registered in the Plaintiff’s name as the Defendant’s wife and the Defendant’s mother.

B. Of the 995 shares of non-party company D, 495 shares in the name of the defendant, 500 shares were opened in the name of the defendant's wife E, respectively. < Amended by Presidential Decree No. 21014, Sep. 29, 2009>

C. Of the shares 1,000 shares of the non-party company in the Plaintiff’s name, 300 shares of 1,00 shares (Gift 100 shares) were in the name of the Defendant; 700 shares (Gift 400 shares) were in the name of the Defendant’s wife; and 300 shares (Gift 400 shares) were in the name of the Defendant’s wife E, respectively, and the name on the register of shareholders was opened on the ground of sale as of December 8, 2010.

On December 28, 201, the non-party company increased 5,00 shares with a face value of 10,000 shares, and thereby the number of shares issued became 10,000 shares. At present, the defendant held 7,60 shares [3,80 shares (3,00 shares) x 495 shares) x 2], E 2,400 shares [=1,200 shares (50 shares x 700 shares) x 2].

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 5, 6, 8 through 13 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. At the time of the Plaintiff’s establishment of the non-party company, the Plaintiff paid in full KRW 50 million for 50 million shares issued in the name of the Defendant, but the Plaintiff and D respectively held a title trust of KRW 3,005 shares in the name of the Defendant, and KRW 995 shares in the name of the Defendant, as to shares 1,95 shares of the non-party company in the name of the Plaintiff and D ( KRW 995 shares in the name of the Plaintiff 1,00), although the Plaintiff and D did not have donated or sold the shares issued by the non-party company to the Defendant, the Plaintiff was transferred to the name of the Defendant on the register of shareholders.