주주확인 등의 소
1. The part concerning the claim for stock transfer in the principal lawsuit of this case shall be dismissed.
2. Defendant C Co., Ltd. shall be against the Plaintiff (Counterclaim Defendant).
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) obtained authorization for an implementation plan for the business of installing a large-scale solar power plant at the D Day, not by the head of the Gun, from October 23, 2009.
B. A project implementer for the foregoing project includes ten or more corporations including Defendant Company E (E) and F (hereinafter “F”). Of them, the aforementioned E and F are actual owners.
C. Of the shares 10,000 shares issued by the Defendant Company, 5,000 shares in the Plaintiff’s name, and the shares 5,000 shares in the remaining list (hereinafter “instant shares”) are listed in the name of the Defendant B in the name of the Plaintiff. The shares in the Defendant B’s name are the shares held in title by the Plaintiff.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence No. 1, the purport of the whole pleadings.
2. The Plaintiff, among the principal lawsuit of this case, asserts that the part concerning the claim for share transfer is legitimate, that the Plaintiff was the shares trusted to Defendant B, and that the Plaintiff terminated the title trust agreement between Defendant B, Defendant B should notify the Plaintiff that he had expressed his intent to transfer the shares of this case and transferred the shares to the Plaintiff.
If a person who has entrusted a shareholder’s name terminates the title trust contract with the trustee, the shareholder’s right is immediately returned to the title truster, and it does not require a new legal act to transfer shares.
(see, e.g., Supreme Court Decision 92Da16386, Oct. 27, 1992). With respect to the instant case, the Health Center and the Plaintiff trusted the instant shares to Defendant B, as seen earlier. As to the title trust agreement with respect to the instant shares, a duplicate of the complaint, which contains the Plaintiff’s declaration of intent to terminate the title trust agreement with respect to the instant shares, is served on Defendant B.