beta
(영문) 광주지방법원 해남지원 2018.02.20 2017가단20873

주주권확인 청구의 소

Text

1. It is confirmed that the Plaintiff is a shareholder of shares listed in the annexed sheet.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a representative director of C Co., Ltd. (hereinafter “instant company”) and a shareholder holding 654,080 shares.

(A) evidence of heading 1, 2.b.

The company of this case was established on November 21, 1986, and at the time of incorporation, the company entered 2,000 shares as shareholders in the register of shareholders.

Then, the list of shareholders of the company of this case, via four new shares offering as indicated below, is indicated as shareholders of the shares listed in the [Attachment 28,000 shares (hereinafter “instant shares”) at the present, as stated in the following table.

(Facts not disputing by the Defendant, A No. 2. W. Certificate: B (personal information omitted) above verify, with respect to title trust of shares, the following:

- the following-

1. Stocks subject to title trust - Stocks of the instant company 28,000 shares

2. At the time of the incorporation of the instant company, the said person confirms that he/she actually agreed to title trust the shares of the instant company owned by the Plaintiff in his/her own name for meeting seven promoters under the Commercial Act.

3. During the period of title trust, the said person fully exercised the rights of all shareholders related to the shares held in title trust in his name during the period of title trust by the Plaintiff, who is the actual owner, and confirmed the fact that the Plaintiff has held title trust on the shares

C. On December 16, 2009, the Defendant: (a) made the instant company as a receiver, prepared a written confirmation of the following contents; and (b) requested a notary public to the New Law Firm, Attorney D, and on the same day, written a written confirmation of the following certificates as the above legal entity, etc. No. 3010 on the same day:

(A) No. 3, witness E’s testimony, hereinafter referred to as the “instant confirmation”).

The Plaintiff currently holds the share certificates of this case.

(In the absence of dispute, Gap's No. 4. [Ground for recognition], Gap's entries in Gap's 1 through 4, and the purport of the whole pleadings.

2. The Parties.

참조조문