(영문) 서울중앙지방법원 2018.02.06 2017가합522759

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.02.06 2017가합522759

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. Determination on the cause of the claim

A. Facts of recognition 1) On December 24, 2004, the Plaintiff Company D (hereinafter “instant Company”) with capital of KRW 100 million.

(2) On December 30, 2004, the Plaintiff issued a registered common share of 5,000 per share (5,000 face value per share) to Defendant B, respectively, under title trust with 12,00 shares out of the shares issued by the instant company, and the shareholders’ list of the instant company was written by Defendant B and C as each shareholder of the relevant shares.

3) Subsequent to the increase of the company’s capital, etc., Defendant B’s shares entrusted by the Plaintiff were increased to 20,000 shares, and the amount of the above shares entrusted by Defendant C was increased to 24,000 shares. Accordingly, on April 1, 2008, Defendant B prepared a confirmation document stating that “Defendant B shall confirm that the Plaintiff has all rights to the above shares as the trustee of the Plaintiff with respect to 20,000 shares of the instant company.” [The fact that there is no ground for recognition, each entry in subparagraphs 1 through 3, and the purport of the entire pleadings are as follows.]

B. According to the facts of the above recognition, around April 1, 2008, the plaintiff entered into a separate title trust agreement with the defendant Eul as to 20,000 shares of the company of this case (the details of the relevant shares are specified in the attached list No. 1) as the title truster, and the 12,000 shares of the company of this case additionally owned by the defendant C are deemed to have been actually acquired by the plaintiff. The total 24,00 shares of the above company owned by the defendant C (the details of the relevant shares are specified in the attached list No. 2) were all entrusted by the plaintiff. It is determined that the shares of the above company owned by the defendant C were all entrusted by the plaintiff. Thus, the plaintiff did not have any obligation to obtain the consent of the defendants who are the title trustee in the course of capital increase of the company of this case, and therefore the plaintiff increased the shares of the company of this case without

유사 판례

-서울남부지방법원 2018.02.02 2017가단205374

-서울남부지방법원 2017.06.23 2016가단25069

-서울남부지방법원 2018.05.11 2017나57682

-청주지방법원 2020.09.25 2020가단22667

-광주지방법원 2021.04.01 2020가합57726