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(영문) 수원지방법원안양지원 2019.01.24 2018가단104069
주주권 확인의 소
Text

1. It is confirmed that the shareholders' rights of each shares listed in the separate sheet are the Plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. On December 4, 2006, the Plaintiff established Non-Party D Co., Ltd. (hereinafter “Non-Party D”) and issued 10,000 common shares in KRW 50,000,000. Among them, 5,000 common shares were each nominal trust in the name of Non-Party E, and 2,500 shares were each nominal trust in the name of Non-Party F.

B. On December 20, 2006, the Plaintiff increased the capital of Nonparty Company in KRW 100 million, and the number of Plaintiff owned was 5,000 shares, 10,000 shares of Nonparty E, and 5,00 shares of Nonparty F.

C. On May 31, 2007, the Plaintiff again trusted 2,000 shares out of the 10,000 shares owned by Nonparty E to Defendant B. On January 1, 2009, the Plaintiff trusted 4,000 shares out of the 5,000 shares held by Nonparty F, to Defendant B, and on March 30, 200, held the title trust with Defendant C on March 30, 200.

Defendant B, on May 31, 2007 and January 1, 2009, and Defendant C, on March 30, 2008, respectively, drafted a certificate of confirmation of title trust of shares with the purport that the Plaintiff is the Plaintiff with all rights of the shares trusted in the name of the Defendants against the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Determination

A. According to the judgment on the cause of the claim, according to each of the above facts, the plaintiff has a title trust with Defendant B of 6,00 shares of the company of this case (attached Form 1) and with Defendant C of 1,00 shares of the company of this case (attached Form 2 shares), each of the shares listed in the attached Table shall be deemed to be owned by the plaintiff, and as long as the defendants are asserting that they own each of the shares of this case, they shall have a profit to seek confirmation.

B. The Defendants’ assertion is that each of the shares listed in the separate sheet is owned by them, and only the Plaintiff promises to treat and pay as an internal director and the Defendant C as an auditor with respect to Defendant B.

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