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(영문) 인천지방법원부천지원 2020.07.23 2019가단106271
증권
Text

The defendant is 20,00 won of shares in the name of the defendant among 80,000 common shares issued by the plaintiff C.

Reasons

1. A person registered as a shareholder in the register of shareholders is presumed to be the shareholder of the relevant company, and in order to reverse this, the person bears the burden of proving that he/she denies his/her shareholder's rights. Thus, in order to assert that the name of the shareholder in the register of shareholders was trusted and that of the name borrowed, the person who is the nominal owner has a separate shareholder, the party who asserts such

(2) In the event that a title truster terminates a title trust agreement with a trustee with respect to shares before issuance of share certificates, the right of the shareholder as to the shares is returned to the title truster solely with the declaration of termination. In such a case, where a title truster listed on the register of shareholders contests substantial shareholders’ rights, a substantial shareholder is entitled to seek confirmation of shareholders’ rights against the title truster on the register of shareholders.

(2) On February 14, 2013, the Plaintiff and the Plaintiff expressed to the Defendant on October 8, 2019 the intention to terminate title trust of the instant shares by means of a postal certificate, and the mail reached the Defendant on October 14, 2019, the total number of shares issued to the company established on February 24, 200, is KRW 80,00 per common shares, KRW 5,000 per share, total amount of capital of KRW 400,000, and KRW 20,000 (hereinafter “instant shares”) was the title trust of the shares issued by the Plaintiff at the time of the establishment of the said company, and the Plaintiff expressed to the Defendant on October 8, 2019 that the title trust of the instant shares was terminated by means of a postal certificate, and the said mail reaches the Defendant on October 14, 2019, is either disputed between the parties, or can be acknowledged by comprehensively taking into account the purport of each of the evidence indicated in subparagraphs 1 through 6.

According to the above facts, the defendant is merely a shareholder name registered in the form of a company on the register of shareholders in accordance with the title trust agreement concluded with the plaintiff with respect to the shares of this case.

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