(영문) 창원지방법원 2020.08.18 2019가단123772

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(영문) 창원지방법원 2020.08.18 2019가단123772

주주권확인

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1. It is confirmed that the Plaintiff is a shareholder of shares listed in the attached Form in the name of the Defendant.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Facts of recognition

The total number of shares issued by C, the representative director of the Plaintiff, is KRW 10,00,00,000 per common shares, and the total amount of capital is KRW 50,00,000.

The Defendant is registered as a shareholder of the shares listed in the separate sheet (hereinafter referred to as “instant shares”), and no share certificate was issued for the shares. On August 1, 2017, the Plaintiff prepared a “certificate of title trust of shares” (Evidence A 3-5) to confirm that the Defendant and the instant shares were title trust, and that the Defendant was the actual shareholder of the instant shares.

Upon the delivery of the instant complaint, the Plaintiff expressed to the Defendant that the title trust of the instant shares is terminated, and the instant warden reached the Defendant on November 27, 2019.

[Ground of recognition] The facts without dispute, which are obvious facts in this court, Gap 1, 2, and Eul 3-5, the whole purport of the pleading, and the purport of the whole pleading, is to recognize the part of the defendant's seal of the "certificate of title trust of shares" (Evidence A 3-5) but the defendant did not affix the seal.

Where it is recognized that the seal affixed to a document is the seal affixed to the document affixed to the document by the name holder, barring special circumstances, it shall be presumed that the act of affixing the seal was conducted based on the will of the name holder, and once the authenticity of the document is presumed to have been made, the document is presumed to have been authentic, and therefore, it is necessary to prove that the document is forged, actively, against the will of the name holder.

Supreme Court Decision 2001Da72029 Decided February 5, 2002 see, e.g., Supreme Court Decision 2001Da72029, Feb. 5, 2002. The above "certificate of title trust of shares" Nos. 3-5 of the above "certificate of title trust of shares" contains a statement that the plaintiff held title trust of the shares of this case to the defendant, and there is no dispute between the parties that the stamp image is based on the

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