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(영문) 부산지방법원 2016.10.05 2016가합43875
주주확인의 소
Text

1. It is confirmed that the shareholder rights of the shares listed in the separate sheet among the Plaintiff and the Defendants were the Plaintiff.

2...

Reasons

1. In full view of the purport of the entire pleadings as to the cause of the claim Gap evidence No. 1, it is recognized that the Plaintiff: (a) was a title trust with F, a pro-friendly partner; (b) agreed on October 9, 2012 to terminate a title trust agreement with F; (c) the Defendants, the wife and their children, were dead before the transfer of ownership was completed in the Plaintiff’s future, and jointly succeeded to F; and (d) the fact that the share certificates with respect to the instant shares was not issued.

If a person who has entrusted a shareholder’s name with respect to the shares before issuance of share certificates terminates a title trust agreement with the trustee, the shareholder’s right to the shares is returned to the title truster solely by the declaration of termination. In such a case, where a shareholder’s name listed in the register of shareholders substantially contests shareholder’s rights, the substantial shareholder has a benefit to seek confirmation of shareholder’s rights

(2) The Plaintiff’s shareholder right of the instant shares is domestically and externally owned by the Plaintiff, and as long as the Defendants do not comply with the Plaintiff’s request for cooperation, there is a benefit to seek confirmation of the Plaintiff’s shareholder right.

2. In conclusion, the plaintiff's claim of this case is justified, and the litigation cost is determined to be borne individually by the plaintiff and the defendants in consideration of the circumstances of the claim of this case and the relationship between the plaintiff and the defendants.

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