주주권 확인의 소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts D Co., Ltd. (hereinafter “Nonindicted Company”) was established on April 29, 2009 with capital of 100 million won and 10,000 shares issued. At the time of incorporation, Plaintiff 4,50 shares (45%) on the register of shareholders, Defendant B 3,00 shares (30%), and Defendant C2,50 shares (25%) on the register of shareholders.
After that, the 1,500 shares of Defendant B were donated to Defendant C, and the Plaintiff’s shares were transferred to Defendant C around November 15, 2010, and around that time, Plaintiff 3,00 shares (30%), Defendant B 1,00 shares (10%), Defendant C6,00 shares (60%) were registered on the register of shareholders, and the share certificates were not issued.
The plaintiff is the remaining birth of E in a de facto marital relationship with the defendant Eul (at present, the lawsuit was pending over resolving the de facto marital relationship with the defendant Eul) and the defendant C was the children of the defendant Eul. On July 2014, which was around the time of the filing of the lawsuit in this case, the plaintiff was registered as the representative director in the corporate register of the non-party company, the defendant Eul as the inside director, and the defendant C as the auditor.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 5 and 6 (including provisional number), witness F's testimony, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. At the time of the incorporation of the non-party company with respect to the shares listed in paragraph (1) of the attached list No. 1, the Plaintiff asserted that the shares were transferred from the Plaintiff to Defendant C on November 15, 2010, and the above shares were nominally held by the Defendants, or the Plaintiff and the Defendants subsequently ratified the current status of shares held by the Plaintiff and the Defendants as a title trust relationship between the Plaintiff and the Defendants. The title trust relationship was established by delivery of the copy of the written complaint of this case.
B. We examine whether each of the shares listed in the separate sheet of judgment constituted a title trust relationship between the Plaintiff and the Defendants.
1 A person registered as a shareholder in the register of shareholders is presumed to be a shareholder of the company and to reverse this.