beta
(영문) 서울고등법원 2018.07.13 2017나2067606

주주지위확인 청구의 소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Defendant established a stock company C (hereinafter “C”) around February 1982, and transferred C’s shares and management rights to the Plaintiff around 1983.

B. The plaintiff has been in office as a representative director of C from September 1984 to that of C, and the defendant was in office as a director of the above company on July 13, 1992 and was not involved in the operation of the above company after his retirement.

C. The status of changes in the ownership of C’s shares is as listed below, and the Defendant is registered as a shareholder of 126,000 shares in the register of shareholders of the said company (hereinafter “instant shares”).

As of December 31, 1991, the total issued shares of Defendant DE E (30%) 96,000 shares (40%) 72,000 shares (30%) 72,000 shares (30%) 31 December 31, 1992, 126,00 shares (40%) 126,000 shares (30%) (30%) 126,000 shares (30%) on December 31, 2006, and thereafter on December 31, 2006, the current status of ownership of shares was not changed.

1,720,000 Shares 808,000 (46.98%) 126,000 shares (7.33%) 786,00 shares (45.70%) / [based on recognition] without dispute, Gap evidence 1 through 5, Eul evidence 1, the purport of the whole pleadings, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff, as a substantial shareholder of the instant shares, has cancelled the title trust agreement after the title trust agreement was terminated, and accordingly, there is a benefit to seek confirmation of the Plaintiff’s shareholder status against the Defendant. Therefore, the Plaintiff seeks confirmation against the Defendant that the Plaintiff was a shareholder status of the said shares. 2) The Defendant transferred the Defendant’s right to authorize housing projects to the Plaintiff in the process of transferring a part of the shares and the right to manage the said shares to the Plaintiff, and the Defendant owned the instant shares in return for the transfer to

B. If a person who has entrusted a shareholder’s name with respect to the shares before the issuance of one share certificate terminates a title trust agreement with the trustee, the shareholder’s right to the shares is terminated.