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(영문) 서울남부지방법원 2018.02.02 2017가단205374
주주권확인 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. At the time of its establishment on August 27, 2008, Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) issued 10,000 shares of KRW 5,00 at par value (25% of the shares issued) and among them, 2,500 shares (hereinafter “the shares of the Defendant Co., Ltd.”) were registered in the name of the Plaintiffs (hereinafter “the shares of the Defendant Co., Ltd.”). At the time of its issuance, there is no dispute between the parties that all shares, including the shares of this case, are registered in the name of Defendant Co., Ltd. in the name of Defendant C.

2. The parties' assertion

A. At the time of establishing the Defendant Company’s assertion, the Plaintiffs paid 12.5 million won each as share capital.

However, Defendant C abused the fact that he is the representative director of Defendant C, and arbitrarily changed the name on the register of shareholders of the instant shares to Defendant C.

Therefore, the Plaintiffs confirm that they are shareholders of the instant shares, and seek implementation of the transfer procedure by changing the name of the instant shares in the name of Defendant C to the Plaintiffs.

B. At the time of the establishment of the Defendant Company’s assertion by the Defendants, the shares in the instant case, which were the Plaintiffs, were held in title trust by Defendant C to avoid oligopolistic shareholders.

On March 9, 2016, Defendant C terminated the title trust and changed its shareholder name to Defendant C.

These procedures are justified by the substantial shareholder to recover the true title of shares.

3. Determination

A. In full view of the following circumstances, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2, 3, 6, 7, and 8 (including virtual numbers) and the purport of the entire pleadings, it is highly likely that the shares of this case are owned by defendant C at the time of the establishment of the defendant company, and it is likely that defendant C’s property under title trust was restored to its true name.

1. Defendant C: (a) the purchase price of the instant shares paid by the Plaintiffs is KRW 12.5 million.

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