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(영문) 울산지방법원 2015.07.10 2015가단51981
주주권확인 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant D Co., Ltd. (hereinafter “Defendant Company”) is a company established on May 20, 2014 for the purpose of housing construction business, civil engineering construction business, real estate sale and lease business, etc.

B. The Plaintiff invested KRW 1 million at the time of the incorporation of the Defendant Company, and the Defendant Company issued shares of KRW 200 ( KRW 5,000 per share) with the said shares invested.

C. At the time, the shares of Defendant B, C, and E were listed as shareholders on their respective list of shareholders as to 60 shares and 80 shares of the Defendant Company, and E were appointed as directors and representative directors, Defendant B, and C as directors, respectively.

On June 17, 2014, E resigned from the representative director of the defendant company, and on the same day, the defendant B was appointed as the representative director of the defendant company.

Grounds for Recognition: Unsatisfy, Gap 2,3

4. Entry of evidence No. 5 and the purport of the whole pleadings; and

2. The allegations by the parties and the determination thereof

A. The Plaintiff asserted that the shares registered in the name of Defendant B and C in the name of the Defendant Company were owned by the Plaintiff, and that they were nominal trust with the said Defendants, and sought confirmation that the said Defendants’ shareholder rights were the Plaintiff, and sought implementation of the transfer procedure from the Defendant Company.

As to this, the Defendants asserted that Defendant B and C actually own the shares of the Defendant Company and that there was no trust from the Plaintiff.

B. A person registered as a shareholder in the register of shareholders is presumed to be a shareholder of the company, and the person has the burden of proving that person denies his/her shareholder's rights.

(see Supreme Court Decisions 84Meu2082, Mar. 26, 1985; 2007Da51505, Mar. 11, 2010). Therefore, in order to assert that the name of a shareholder in the register of shareholders was trusted and that there was a separate shareholder as the name borrowed from that name, the party claiming such title trust relationship should prove the name borrowed from that name.

b) the Commission;

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