(영문) 부산지방법원 2020.07.10 2019나43238 (1)

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(영문) 부산지방법원 2020.07.10 2019나43238 (1)

소유권확인

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1. Revocation of the first instance judgment.

2. The Plaintiff and the Defendant are owned by the Plaintiff’s shares listed in the separate sheet.

Reasons

1. Basic facts

A. C Co., Ltd (hereinafter “instant company”) was incorporated with the amount of KRW 10,000 per share on April 20, 201, the total number of issued and outstanding shares of KRW 20,000, and the capital amount of KRW 200,000.

B. At the time of incorporation of the instant company, the shareholder registry entered 12,000 shares (60%) out of 20,000 shares issued by the Plaintiff, and the 8,000 shares (40%) out of 20,00 shares (40%) as the Defendant owned respectively.

C. On April 18, 2014, the instant company offered new shares 10,000 shares to the Plaintiff at the time of issuing new shares, and allocated 6,000 shares to the Defendant in proportion to the shares held in the shareholder registry, respectively. The current shareholder registry stated that the Defendant owns 12,00 shares out of the total number of shares issued by the instant company 30,000 shares (hereinafter “instant shares”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 7 through 10 (including numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. A beneficial shareholder who actually paid the purchase price of the instant shares asserted by the Plaintiff is the Plaintiff, and the Plaintiff trusted the instant shares to the Defendant.

B. The defendant's assertion is the actual owner as a shareholder who actually paid the acquisition price of the shares of this case.

Even if it is not recognized that the Defendant paid the subscription price, the instant company was established by the partnership relationship between the Plaintiff and the Defendant, and the Defendant agreed to hold 40% of the shares. Thus, the instant shares are not nominal trust between the Defendant and the Defendant.

3. Determination

A. In a case where shares are subscribed in the name of another person with the consent of the other person and shares are paid, the person who is a de facto shareholder shall be a nominal shareholder, and Supreme Court Decision 2007Da7059, 70605 Decided March 27, 2008.

유사 판례

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