주주권확인
1. Ascertainment that the Plaintiff is a shareholder of 1,000 common shares (unissued share certificates, 10,000 won per share) of the Defendant’s common shares.
2...
1. Basic facts
A. The defendant was established on June 23, 199 with the manufacturing and wholesale business of ginseng and ginseng products as its business purpose, and the total number of issued stocks is 55,000 shares, and the capital is 550,000 won.
B. On June 12, 2015, the Plaintiff and the Defendant’s shareholder C drafted a share transfer agreement (hereinafter “instant share transfer agreement”) with the content that the share transfer price is KRW 10,000,000,000.
(hereinafter referred to as “instant share acquisition agreement”) C between C and the Plaintiff.
The Defendant’s shareholder registry dated February 29, 2016 stated that the Plaintiff held 1,00 shares (hereinafter “instant shares”), D 27,00 shares, E 12,20 shares, F 8,90 shares, and C 5,90 shares, among the Defendant’s total shares issued on 55,00 shares (hereinafter “instant shares”).
On March 30, 2016, E, a representative director and shareholder of the defendant, denied the status as a shareholder of the plaintiff at an open general meeting of shareholders.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, and 4, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion D, in addition to acquiring 25,00 shares from existing shareholders E, F, and C in order to own the Defendant’s majority shares, agreed to acquire 1,00 shares from existing shareholders E, F, and C. The Plaintiff received the shares of this case from D without compensation, but the Plaintiff prepared the instant share acquisition agreement for the purpose of reporting at the tax office, and entered them in the Defendant’s register of shareholders. As such, the Plaintiff is the Plaintiff.
B. The Defendant’s assertion that the acquisition price of the instant shares was KRW 10,000,00 under the instant stock acquisition agreement, and the instant stock acquisition agreement was cancelled due to the Plaintiff’s failure to pay the said acquisition price to C.
3. Determination
A. A person registered as a shareholder in the register of shareholders is presumed to be a shareholder of the company, and in order to reverse this, the person bears the burden of proving the denial of the shareholder's rights.
(See Supreme Court Decision 2007Da51505 Decided March 11, 2010).