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(영문) 청주지방법원 2019.11.14 2019가합12586
주주권 확인 등
Text

1. As to shares of Defendant B in the face value of KRW 5,000 in common shares issued by Defendant C, 80,000 in shares.

Reasons

In light of the fact that there is no dispute over the cause of the claim, and if the purport of the entire pleadings is added to each of the statements in Gap evidence Nos. 1 through 3, the plaintiff's share certificates regarding the shares of this case are not issued according to the purport of the entire pleading of 80,000 common shares (hereinafter "the shares of this case") at the time of capital increase by defendant C Co., Ltd. (hereinafter "the defendant Co., Ltd.") on August 6, 2015, according to the whole purport of the pleading, at the time of capital increase by the defendant Co., Ltd. (hereinafter "the shares of this case"). The defendant Co., Ltd. acquired the shares of this case in the name of defendant B

Meanwhile, the fact that the instant complaint, which included the Plaintiff’s termination of title trust with respect to the instant shares, reaches Defendant B on August 16, 2019 is apparent in the record.

According to the above facts, since the Plaintiff returned to the Plaintiff following the termination of title trust, it is reasonable to deem that the Plaintiff is a shareholder of the instant shares. As long as the Defendants dispute this, the Plaintiff has a benefit to seek confirmation, and the Defendant Company is obliged to implement a transfer procedure to change the name of the shareholder on the shareholder registry to the Plaintiff with respect to the instant shares.

As to the Defendants’ assertion, while recognizing that the Plaintiff trusted the shares of this case to Defendant B, the Defendants asserted to the effect that Defendant B, a title holder of the shares of this case, should be recognized as a shareholder in the external relationship between the Defendant Company and the company for the uniform processing of legal relations surrounding the company.

If a person who has entrusted a shareholder’s name with respect to the shares before issuance of share certificates terminates a title trust contract with the trustee, the shareholder’s right to the shares is returned to the title truster solely by the declaration of termination of the contract, and in such a case, it is recorded in the register of shareholders.

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