주주권확인 등
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. Of the total costs of litigation, the Plaintiff and the Defendant.
1. Underlying facts, Defendant Company was established on December 9, 2008 for the purpose of running the golf practice range operation business and issued 5,000 shares at the time of its establishment on December 20, 208 and increased on December 55, 2000 shares, and the share certificates are not issued.
Defendant Company’s 2010 Business Year 2010 (from January 1, 2010 to December 31, 2010) indicated that E initially holds 49,250 shares (89.55%), F (E) holding 5,50 shares (10%), and G holding 250 shares (0.45%). H again transfers 28,050 shares (51%) to H (51%) at the end of the period by transferring 28,050 shares (51%) to H.
On February 20, 2013, the Plaintiff acquired shares (hereinafter “instant shares”) indicated in the separate sheet from the supplementary intervenors claiming that they are substantially shareholders of the Defendant Company (hereinafter “ intervenors”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 2, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The summary of the parties’ assertion 1) The Plaintiff and the intervenors established the Defendant Company by jointly investing with E on December 9, 2008, and the shares of the Defendant Company are 25.67% (total 51.34%, 28,237 shares) against the intervenors, respectively.
(ii) 48.66% (26,763 notes) have been allocated to E, respectively.
However, since the intervenors have difficulties in holding shares under their own name, they trust the shareholders' name to E, and accordingly, E entered the entire shares in the register of shareholders in three names including themselves, such as a statement of basic facts.
On the other hand, around April 2010, E transferred 26,763 shares, one’s own shares, to J. At the time, J trusted the above shares to H, and the Intervenor also held title trust to H in consultation with the J succeeded to the status of E. The Intervenor’s shares were entirely transferred to H.
On the other hand, the intervenors are.