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(영문) 수원지방법원 2020.12.01 2019가단561568

주주지위확인

Text

1. It is confirmed that the Plaintiff and the Defendant are shareholders of shares listed in the separate sheet.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On December 23, 199, the Plaintiff established D Co., Ltd. (hereinafter “Nonindicted Company”) on December 23, 199, and on December 23, 199, the Plaintiff was the representative director of the Nonparty Company, E as the auditor of the Nonparty Company, and the Plaintiff’s wife F and E respectively as the director of the Nonparty Company.

B. The Defendant and H assumed office on March 14, 2002 as a director of the non-party company, respectively.

C. The total number of shares issued by the non-party company was 15,500 shares at the time of incorporation, but each of them was 15,500 shares on April 21, 2002 and 35,500 shares on December 31, 2002.

The Plaintiff owned 35,500 shares of the non-party company, and registered 18,105 shares in title trust to F, E, and G in the register of shareholders of the non-party company as the Plaintiff owned 17,395 shares, F 3,50 shares, E 2,130 shares, and G 12,425 shares.

E. On November 30, 2005, G transferred to the Defendant the shares listed in the separate sheet (30% of the total number of shares issued by the non-party company, hereinafter “instant shares”) among the shares issued by the non-party company under its own name. On November 30, 2005, the Defendant paid to G the share acquisition price of KRW 19,17 million (=18,000 / 100 x 10,650 shares) and completed the transfer of ownership in the name of the Defendant.

F. On February 1, 2007, the Plaintiff held a title trust with H and I (H’s partner) of the non-party company’s shares 2,130 shares and 1,775 shares held in title trust with G (i.e., 12,425 shares - 10,650 shares). Accordingly, the number of shareholders of the said 2,130 shares was changed to H, and the number of shareholders of the said 1,75 shares held in title trust with H, respectively.

G. On March 14, 2011, H retired from the director of the non-party company, and I was appointed as the inside director of the non-party company on the same day.

[Ground of recognition] The fact that there is no dispute, Gap evidence 2, Gap evidence 3-1, 2, and Gap evidence 6-1 and 6-2, and the purport of the whole pleadings

2. Determination as to the cause of action

(a) A trustee who has entrusted a shareholder’s name with respect to the shares before the issuance of share certificates;