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(영문) 서울중앙지방법원 2020.05.14 2019가합533128

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 “instant company”) is deemed to hold 40,000 shares issued for the purpose of tourist hotel business, etc. as 750,000 shares in capital, and 750,000 shares in the register of shareholders of the instant company as of September 9, 2013, D 12,00 shares in the register of shareholders of the instant company, E (E (E) who is the representative director of the instant company, 17,563 shares, 8,00 shares in E’s wife F, and 2,437 shares in each of them.

B. On August 2, 2016, D entered into a will substitute trust contract (hereinafter “instant trust contract”) with respect to 12,000 shares issued by the Plaintiff and G (D’s 2 South and North Korea) (hereinafter “instant shares”) with respect to the shares issued by the Plaintiff and G (D’s 2,00 shares) as follows:

The truster D (hereinafter referred to as "trustee") shall conclude a trust contract for will substitute with the following contents: (a) the trustee G and the Plaintiff (hereinafter referred to as "trustee") shall conclude the trust contract for will substitute:

Article 1 [Purpose of Trust] ① This trust deed is a will substitute trust contract (Article 59 of the Trust Act) with the purpose of enabling a person designated as a beneficiary to acquire the right to benefit at the time of death of the truster.

(2) A truster shall make a trust with the intention to have the beneficiaries designated by himself/herself receive benefits concerning the trust property.

(3) A trustee shall stably deliver trust property to the beneficiary while managing and managing the trust property for the beneficiary.

Article 3 [Trust Contract Term] (1) The trust shall continue to exist from the time of the conclusion of this contract until the time of the death of the truster.

(2) A truster may reduce and extend the trust contract period with the consent of all the ex post facto beneficiaries.

Article 4 [Designation of Beneficiary and Beneficiary] The beneficiary's name, resident registration number of beneficiary of trust principal and interest is related to the truster's resident registration number, D He himself, the beneficiary's domicile after the after-sales beneficiary of J of the I Building J, Gangnam-gu Seoul, Seoul, Seoul, N4nam-gu, Seoul, and the list of trust properties by Jho, the trust principal.

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