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(영문) 수원지방법원 안산지원 2018.08.23 2017가합787
주권발행 등
Text

1. Defendant C confirms that the shares listed in the separate sheet are owned by the Plaintiff.

2. Defendant B Co., Ltd. shall be the Plaintiff.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established on January 27, 200 for the purpose of manufacturing and selling industrial equipment on January 27, 200.

The plaintiff is the founder and the chairperson of the defendant company, and the defendant C is the representative director of the defendant company.

B. On January 27, 200, at the time of the establishment of the Defendant Company, the Plaintiff acquired the entire shares with a face value of 5,000 common shares per share of 5,000 common shares, and among them, 10,000 common shares held by D, and the remainder of 10,000 common shares held by E, respectively. (2) On the statement of the change of shares in 2003 by the Defendant Company, the Defendant Company listed the 14,000 common shares (70%) out of the shares held by D and E as acquisition by F, respectively.

3) On April 20, 2005, Defendant Company issued capital increase to KRW 20,00 to KRW 60,000, the total number of shares issued was increased from KRW 20,000. The detailed statement of the change of shares issued by Defendant Company was listed as follows: C’s 28,000 shares through capital increase with the above capital increase; F’s 12,000 shares; C’s 42,00 shares (70%); F’s 18,000 shares (30%); and F’s 18,000 shares (30%) in the detailed statement of the change of shares issued by Defendant Company’s 201; and C’s 42,000 shares (70%) and G was listed as holding 18,000 shares (30%).

The Defendant Company’s register of shareholders on July 6, 2017 was registered as holding each of Defendant C’s 42,000 shares (70%) and G 18,000 shares (30%).

(hereinafter referred to as “instant shares”) of the shares listed in the attached list in Defendant C’s name. [Grounds for recognition] of no dispute, entry in the evidence Nos. 1 through 3, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff was the de facto owner of the instant shares, but the said shares were nominal in title to Defendant C, and the said title trust agreement was terminated.

However, the Defendants shall implement the transfer procedure for the instant shares in the future of the Plaintiff.

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