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(영문) 인천지방법원 2020.02.04 2019가단21421
주식의소유권확인및명의개서절차이행
Text

1. Defendant B confirms that the shareholders’ rights of the shares listed in the separate shares list are the Plaintiff.

2. Defendant C.

Reasons

1. Determination as to the plaintiff's claim against the defendant B

A. On July 7, 2017, Defendant B prepared a performance memorandum (Evidence A No. 4) stating that “A is a person entrusted with the ownership of 11,581 shares issued by C(State) by which B is a shareholder, and that “A is a person entrusted with the ownership of 11,581 shares.” As such, the real owner of 11,581 shares is A, and Defendant B is a person who is a person entrusted with the ownership of 11,581 shares.” At that time, Defendant B issued the said letter to the Plaintiff. 2) The share certificates of Defendant C’s shares were not issued.

[Ground for Recognition: Facts without dispute (including facts that the parties do not clearly dispute), entries in Gap evidence 1 through 5 (including evidence available), the purport of the whole pleadings]

B. The ground for the plaintiff's claim is stated in the annexed sheet.

C. 1) According to the above facts of recognition, the Plaintiff’s shares listed in the separate sheet of shares (hereinafter “instant shares”) are determined.

A) It is reasonable to deem that Defendant B held a title trust with Defendant B. In addition, according to the purport of the entire pleadings, the fact that Defendant B did not cooperate in the transfer procedure of the instant shares, and the fact that the duplicate of the instant complaint stating the declaration of termination of the title trust of shares was served on Defendant B on August 6, 2019 is apparent in the record. 2) In light of the facts and circumstances described in the foregoing paragraph 1, in this case where Defendant B did not cooperate in the transfer procedure of shares, the Plaintiff has the interest to confirm that the Plaintiff had the right to shareholders of the instant shares against the Defendant B.

2. The Plaintiff’s judgment on the Plaintiff’s claim against Defendant C Co., Ltd. was the owner of the instant shares, and the fact that the Plaintiff terminated the title trust agreement concluded with respect to the instant shares was examined in the foregoing paragraph (1).

Thus, Defendant C Co., Ltd is obligated to implement the transfer procedure to change the name of shareholder on the shareholder registry of the instant shares to the Plaintiff.

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