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(영문) 서울남부지방법원 2017.04.14 2016가합104440
주주권 확인 등의 소
Text

1. Of the instant lawsuit, the part of the claim against Defendant B and the part of the claim against Defendant C for confirmation of shareholders’ rights.

Reasons

1. Basic facts

A. In around 2003, the Plaintiff and Nonparty D decided to establish a manufacturing company of the light-to-face board by investing a total of KRW 1 billion in KRW 500 million. At the time, the costs required for the construction of the factory site and the factory building were assessed to be KRW 500 million, and the Plaintiff agreed to bear the costs of the factory site and the factory building as KRW 500 million.

B. On June 4, 2003, the Plaintiff and D established the F Co., Ltd. F (the Defendant Company was changed to the Defendant Company on December 29, 2003; hereinafter referred to as the “Defendant Company”) which caused 200 million capital by becoming joint promoters, together with Defendant B and D’s co-owners, according to the above business agreement, and registered the Plaintiff and D as holding each share of 8,000 shares and 2,00 shares among the total issued shares, respectively, among the total shares of 20,000 shares. Defendant B and the Plaintiff were the representative director, and the Plaintiff was the director, respectively.

C. Meanwhile, on March 18, 2016, Defendant B transferred the instant shares to G in KRW 30 million, and notified the Defendant Company of the transfer at that time, and as of the date of the closing of the instant argument, G was registered as a shareholder of the instant shares.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 3, 4, 5, and 7 (including each number, unless otherwise specified; hereinafter the same shall apply) and the purport of the whole pleadings

2. We examine ex officio the determination as to the claim against the defendant B, and examine whether there is a benefit of confirmation as to the claim against the defendant B among the lawsuit in this case

Since a person who is listed as a shareholder in the register of shareholders is presumed to have legitimate rights to such shares, a person who asserts that he/she has a right to shares has a benefit to seek confirmation of a shareholder’s right by proving himself/herself as

However, Defendant B did not transfer the instant shares to G and have been registered as a shareholder in the register of shareholders.

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