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(영문) 수원지방법원성남지원 2016.02.19 2015가단220008
주주권 확인 등
Text

1. Shares 6,500 shares in Defendant B among registered common shares of KRW 5,000 in face value issued by Defendant D Co., Ltd.

Reasons

1. Where there is no dispute between the parties to the judgment as to the cause of the claim, or according to the overall purport of the statement and pleading as to Gap's evidence Nos. 1 through 4 (including paper numbers), the defendant D Co., Ltd. (hereinafter "the defendant Co., Ltd.") is a corporation engaged in the manufacture and sale of daily living and miscellaneous goods, etc., the plaintiff was the representative director of the defendant Co., Ltd., and the former representative director of the defendant Co., Ltd., and the defendant C acquired shares of the defendant Co., Ltd. from Eul around October 11, 2001 to title trust with the defendant Eul after acquiring 6,300 shares of the defendant Co., Ltd.'s company from Eul, around 201, after the plaintiff title trust with the defendant Co., Ltd., Ltd., which acquired 5,200 shares of the defendant Co., Ltd.'s company's shares issued to Eul, which had been lawfully released from the plaintiff Co. 2, 2015.

Therefore, barring special circumstances, among the shares issued by the Defendant Company, shareholders with respect to 6,500 shares in Defendant B’s name, and 6,150 shares in Defendant C’s name are the Plaintiff. The Defendant Company is obligated to implement the transfer procedure to change the name of shareholders on the shareholder registry to the Plaintiff for each of these shares.

As to this, Defendant B and C asserted that even if the Plaintiff was a shareholder right holder in the form of a title trust with shares issued by the Plaintiff, the said Defendants cannot comply with the Plaintiff’s claim because they were externally Defendant B and C’s shareholder rights. Therefore, the title trust agreement with Defendant B and C is the instant case.

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