주주권 확인 등
1. The Plaintiff confirms that it is a shareholder of each of the shares listed in the separate sheet in the name of Defendant B, C, and D.
2. Defendant.
1. The shareholder of each of the shares listed in the separate sheet (hereinafter “instant shares”) on the shareholder registry of Defendant E Co., Ltd. (hereinafter “Defendant Co., Ltd.”), as to the determination of the claim against Defendant C, is indicated in Defendant B, C, and D. However, around 2003, the Plaintiff trusted the instant shares to the said Defendants, and the Plaintiff expressed his/her intent to terminate the title trust of the instant shares upon the delivery of the duplicate of the instant complaint to the said Defendants. The duplicate of the instant complaint was delivered to Defendant B on December 7, 2019, to Defendant C on February 11, 2020, and to Defendant C on November 20, 2019, and the fact that the instant shares were not issued with respect to the instant shares is either disputed between the parties or may be acknowledged by taking into account the overall purport of pleadings as to the entire statements stated in subparagraphs 1 through 5.
According to the above facts, the plaintiff expressed his intention to terminate the title trust by delivering a copy of the complaint of this case. Thus, the shareholder's right to the shares of this case was returned to the plaintiff.
Therefore, shareholders' rights of the instant shares are owned by the Plaintiff.
2. According to the facts acknowledged prior to the determination as to the claim against the Defendant Company, the Defendant Company is obligated to implement the transfer procedure with respect to the instant shares to make the name of the shareholder on the shareholder registry as a beneficial shareholder.
In relation to the Defendant Company, which is the external relation of title trust, the Defendant Company ought to be deemed to have a shareholder's right in relation to Defendant Company B, C, and D, and thus, it cannot respond to the Plaintiff's claim.
However, if a person who has entrusted a shareholder's name terminates the title trust contract with the trustee, the shareholder's right is not immediately returned to the title truster and does not require a new legal act for the transfer of shares, and in such a case, the truster may independently request the company to change the title.