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(영문) 부산지방법원 동부지원 2021.03.30 2020가단223769

주주권확인

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It is confirmed that shareholders' rights for the shares listed in the list are the plaintiff.

Costs of lawsuit shall be borne by the defendant.

Reasons

If a person who entrusted the name of a shareholder with respect to the shares before the issuance of share certificates terminates a trust agreement with the trustee, the right of the shareholder to the shares shall be returned to the truster only by the declaration of the termination thereof. In such a case, if the name of a shareholder listed in the form of the shareholder registry contests the shareholder's right, the actual shareholder has a benefit to seek confirmation of the shareholder's right against the name of the shareholder listed in the shareholder registry (see, e.g., Supreme Court Decision 2011Da109708, Feb. 14, 2013). In full view of each of the arguments stated in subparagraphs 1 through 5 above, it is recognized that the Plaintiff, as the real owner of the shares listed in the separate list, was trusted with the above shares, and the fact that the Plaintiff served a duplicate of the complaint of this case seeking confirmation of the shareholder's right on the premise of the termination of the trust agreement under the above name of the shares is apparent in the record, and thus, the above agreement was terminated and returned to the Plaintiff at that time, and the Defendant's interest in seeking confirmation against the Plaintiff.

The plaintiff's claim is justified and accepted.