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(영문) 서울남부지방법원 2015.10.23 2015가단226155
주주권 확인 등
Text

1. Shares 3,500 shares in Defendant B among common shares of 10,000 common shares per share of 5,000 shares of Defendant D issuance.

Reasons

1. Determination

A. Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) was established on January 26, 199, and its capital amount is KRW 50,000 per share, the total number of outstanding shares is KRW 10,000 per share, and the total number of outstanding shares is KRW 5,000 per share. Around January 24, 2002, the Plaintiff held title trust with Defendant B on or around February 9, 201, the title trust with respect to each of the above shares was terminated by the delivery of a complaint against Defendant B and C, and the fact that the shares of the Defendant Co., Ltd has not yet been issued by the parties, or that the shares of the Defendant Co., Ltd has not yet been issued by the parties, or is evident in the record, or obtained by adding the overall purport of pleadings to the evidence Nos. 1 through 3.

B. According to the above facts of recognition, the above Defendants dispute the rights of shareholders as to 3,500 shares in Defendant B’s name among the shares of Defendant Company, and 1,600 shares in Defendant C’s name to return to the Plaintiff, both title trusters upon termination of title trust. As such, the Plaintiff has the interest to seek confirmation of the above shares, and the Defendant Company has the duty to implement the transfer procedure to change the name of shareholders in the shareholder registry to the Plaintiff as to each of the above shares.

2. Therefore, we accept all the Plaintiff’s claims against the Defendants.

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