beta
(영문) 인천지방법원 부천지원 2018.10.12 2018가합102576

주식명의개서절차이행 등

Text

1. Between the Plaintiff and Defendant C, it is confirmed that the Plaintiff is a shareholder of the shares listed in the separate sheet.

2. Defendant B Co., Ltd.

Reasons

1. Basic facts

A. On February 27, 2001, the Plaintiff established Defendant B Co., Ltd. (hereinafter “Defendant Company”) with capital of KRW 200,000,000 (number of issued shares of KRW 40,000, per share of KRW 5,000), and acquired shares by lending the name of Defendant C, D, E, and F.

B. Since then, Defendant Company increased its capital to KRW 1,700,000 (the number of shares issued, KRW 340,000, and KRW 5,000 per share) with several capital increase. Among them, shares held by the Plaintiff in the name of Defendant C are 68,000 shares listed in the separate sheet (hereinafter “instant shares”).

C. Upon filing the instant lawsuit on June 22, 2018, the Plaintiff expressed to Defendant C its intent to terminate the title trust agreement on the instant shares, and the duplicate of the instant complaint was served to Defendant C on the 29th day of the same month.

[Ground for recognition] Defendant Company: A without dispute, entry of evidence Nos. 1-2 and 4-2, and the purport of the whole pleadings, as a whole, Defendant C: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. According to the above facts of recognition, it is reasonable to view that the title trust agreement on the shares of this case concluded between the Plaintiff and Defendant C was lawfully terminated by the delivery of a copy of the complaint of this case stating the Plaintiff’s intention of termination.

Therefore, as long as Defendant C contests this issue, the owner of the instant shares is the Plaintiff, the Plaintiff has a benefit to seek confirmation, and the Defendant Company is obligated to implement a transfer procedure to change the name of the shareholder on the shareholder registry to the Plaintiff.

3. In conclusion, the plaintiff's claim against the defendants is justified, and all of them are accepted, and it is so decided as per Disposition.