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We confirm that the Plaintiff is a shareholder of shares listed in the separate sheet between the Plaintiff and the Defendant.
The costs of lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “instant company”) is a company engaged in business such as safety diagnosis and safety inspection, and the Plaintiff is the representative director of the said company, and the Defendant is the person stated as a shareholder on the shareholder list of the instant company.
B. On the list of shareholders of the instant company on March 19, 2020, each of the Plaintiff 10,000 shares, D8,000 shares, E 11,000 shares, F8,000 shares, Defendant 3,00 shares (hereinafter “instant shares”) owned respectively.
in writing.
【Ground of recognition】 The non-contentious facts, Gap evidence Nos. 1 and 7, and the purport of the whole pleadings
2. Determination
A. In a case where a third party, who is not a shareholder listed in the shareholder registry, has subscribed to shares and paid the price, to be deemed a real shareholder, the mere fact that the third party paid the price for acquiring shares ought to be determined by comprehensively considering the internal relationship between the third party and the shareholder registry, the circumstances and purpose of registering shares and the shareholder registry, the details and contents of the shareholder’s exercise of rights after registering the shareholder registry (see, e.g., Supreme Court Decision 2016Da24038, May 16, 2019). (b) Specific facts recognized prior to the determination, together with the following facts recognized pursuant to the overall purport of the statement and changes in the evidence Nos. 1, 2, 3, 7, and 9, it is recognized that the Plaintiff trusted the shares of this case to the Defendant, and the trust agreement between the Plaintiff and the Defendant was terminated due to the delivery of a duplicate of the complaint containing a declaration of intent to terminate the trust agreement in the name of the instant shares.
Therefore, the shareholder's right to the shares of this case was judged to have been returned to the plaintiff as the nominal truster.
Therefore, the shareholder rights of the instant shares are asserted against the Plaintiff, and the Plaintiff raises objection against the Defendant.