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(영문) 대구지방법원 2016.09.23 2016가합201207
주주권확인
Text

1. It is confirmed that the Plaintiff and the Defendant have shareholders' rights on the shares listed in the separate sheet.

2...

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) was established as a company established around October 1994, and so far, the stockholders composition, etc. in the stockholders’ list has been listed in the following table.

① The first shareholder’s first shareholder’s capital increase on February 25, 1997: (i) around December 25, 1997; (ii) around 18,00 shares 18,00 shares 24,00 shares 24,00 shares Do 960 shares 2,880 shares 3,840 shares ; (iii) around January 1, 1998; (iv) around 200 shares ; (iv) around 7,200 shares ; (iv) around 200 shares ; and (v) around 1998 shares ; (v) around 6,840 shares ; (v) around 6,840 shares ; (v) around 960 shares ; (v) around 3,880 shares ; and (v) the first shareholder shares ; (v) around 3,00 shares ; and (v) around 16,196 shares ; and (v) around 1940 shares ;

B. Around February 25, 1997, C prepared a certificate of transfer and takeover of shares with the purport that (i) 12,000 shares listed in the table (hereinafter “instant subscription to new shares”) is changed to 48,00 shares listed in the table (hereinafter “instant subscription to new shares”); (ii) Defendant, D, F, G, and H transfer of shares to the Plaintiff, as indicated in the table (hereinafter “instant subscription to new shares”); and (iii) around that time, Defendant, D, F, and H were transferred to the Plaintiff.

C. G. D. A. D. (3) On January 1, 1998, each transfer of the listed shares to E, and the current shareholders composition is as listed in Schedule 4.

F and H prepared a certificate of stock return to the Plaintiff on January 2016, 2016, to the effect that the Plaintiff shall return each of the shares recorded therein to the Plaintiff on the ground of termination of title trust.

[Ground of Recognition] Unsatisfy, Gap 1 to 3 (including Gazy Numbers), Gap 4 and 5

2. In the determination on the claim, the fact that the Plaintiff contributed to the share price for issuing new shares to the Plaintiff, and the Defendant’s 18,000 shares stated in the table (hereinafter “instant shares”) expressed his/her intent to terminate the title trust on or around March 21, 2016 that the duplicate of the instant complaint, which contained the Defendant’s 18,00 shares (hereinafter “instant shares”), reaches the Defendant’s delivery on or around March 21, 2016, is further inconsistent with the fact that the Defendant contests himself

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