(영문) 서울중앙지방법원 2016.01.15 2014가단5354281

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(영문) 서울중앙지방법원 2016.01.15 2014가단5354281

주주명부 명의개서

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1. The plaintiff's main claim is dismissed.

2. An independent party intervenor between the Plaintiff and the independent party intervenor.

Reasons

1. The parties' assertion

A. The deceased D (hereinafter “the deceased”) who was a shareholder of the Plaintiff’s assertion of the instant shares died on September 22, 2014, and the Plaintiff, the spouse of the deceased, inherited the instant shares under the agreement on the division of inherited property with other co-inheritors. As such, the Defendant is obligated to implement the transfer procedure on the instant shares to the Plaintiff.

B. The Intervenor established the Defendant in 2004 and held title trust with the Deceased. The Intervenor terminated the above title trust agreement with the Deceased upon the motion to intervene in the instant case. As such, the Intervenor’s share holder in the name of the Deceased is the Intervenor.

2. Determination:

A. Determination as to who the shareholder of the instant shares is the shareholder of the instant shares 1) In full view of the respective statements in C, C, C, 2, 3, 5, 11, and 12 (including each number), and the purport of the entire pleadings as a result of the answer by the chief of the regional tax office against the order to submit the tax information of the instant court, the Defendant’s total purport of the pleadings as to ① the shares issued on December 9, 2004; KRW 30,000; KRW 150,000; KRW 150,000; KRW 150,000; KRW 15,000,00

At the time, 9,000 shares of the defendant were established and 30,000 shares of the defendant were issued in the name of G, 7,500 shares in the name of G, 13,50 shares in the name of E and F, and 13,50 shares in the name of E and F. ② The intervenor transferred to the plaintiff’s account on December 8, 2004, KRW 45 million, KRW 37,500,000 to G’s account, and KRW 67,500,000 to F’s account, each of the above money was deposited as shares in the defendant’s bank account. ③ The decedent, etc. prepared and issued a “certificate of stock title trust” with the content that the defendant’s shares acquired in the name of each of the plaintiffs around December 204 are owned by the plaintiff to each of the intervenors.

According to the above facts of recognition, it is reasonable to deem that the intervenor entrusted the name of the shares to the deceased at the time of the establishment of the defendant, and the intervenor is the deceased.

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