(영문) 대전지방법원 2018.02.09 2017가단216322

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(영문) 대전지방법원 2018.02.09 2017가단216322

주식반환등청구

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1. The defendant does not have the shareholder status for the shares listed in the separate sheet of the non-party C.

Reasons

1. Facts of recognition;

A. On May 24, 2002, the Plaintiff directly borne the total amount of the capital when establishing C Co., Ltd. (hereinafter “Nonindicted Company”) for the purpose of manufacturing industry (industrial robot and automation system) with a total amount of KRW 10,000 per share ( KRW 5,000 per share) and capital of KRW 50 million.

B. At the time of incorporation of the non-party company, the Plaintiff entered into a shareholder title trust agreement with the Defendant, who is one of his own friendly shares, and title trust was made to the Defendant.

C. On April 14, 2006, the Plaintiff additionally paid KRW 200 million to the account of the non-party company for capital increase. At present, the register of shareholders of the non-party company is registered as a shareholder holding 35,000 shares, the Defendant’s 7,500 shares, and D 7,000 shares.

As a delivery of a duplicate of the instant complaint, the Plaintiff declared that the title trust of the shares listed in the separate sheet is terminated, and on July 31, 2017, the above duplicate of the complaint was served on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. If a person who has entrusted a shareholder’s name to the trustee terminates the title trust agreement with the trustee, the shareholder’s right is immediately returned to the title truster, and it does not require a new legal act to transfer shares.

(see, e.g., Supreme Court Decision 92Da16386, Oct. 27, 1992). According to the above facts of recognition, the shareholder title trust agreement between the Plaintiff and the Defendant was lawfully terminated by the Plaintiff’s declaration of intent to terminate the title trust on the shares listed in the separate sheet.

Therefore, the right of shareholders to the above shares belongs to the plaintiff who is the title truster, and the defendant who is the title truster of the above shares is no longer a shareholder of the above shares.

Furthermore, in this case, the defendant asserted that the above shares cannot be returned to the plaintiff without any consideration.

참조판례

-대법원 1992. 10. 27. 선고 92다16386 판결

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