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(영문) 대구지방법원서부지원 2015.09.25 2015가합5850
명의신탁계약 해지로 인한 주주권확인 등
Text

1. Defendant B confirms that he is not a shareholder of Defendant C.

2. Defendant C shall be listed in the annexed sheet.

Reasons

1. Indication of claim;

A. On February 19, 2010, the Plaintiff independently invested KRW 50 million in capital and thereby incorporated Defendant C Co., Ltd. (hereinafter “C”). The Plaintiff held the title trust of the same 100 shares as indicated in the separate sheet (hereinafter “instant shares”) among the 5,000 shares issued. Accordingly, the instant shares are registered in the name of Defendant B on the register of shareholders.

However, Defendant C has not issued the sovereignty until now.

B. The Plaintiff, a title truster, expressed his intention to terminate the title trust of the instant shares by serving a written complaint on Defendant B, the title truster, and thus, the Plaintiff’s right to the instant shares was returned to the Plaintiff along with the arrival of the intent to terminate the title trust.

C. Therefore, Defendant B is no longer a shareholder of Defendant C, and the confirmation is sought, and Defendant C is obligated to change the name of the shareholder in the shareholder registry of the instant shares on the ground of termination of title trust.

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;

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