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(영문) 춘천지방법원 강릉지원 2017.03.29 2016가단52551
주주권확인 등의 소
Text

1. The Plaintiff:

A. Defendant B confirmed that the shareholder of the shares listed in paragraph 1 of the attached list is the Plaintiff; and

(b) the defendant.

Reasons

1. Basic facts

A. On November 18, 2004, Defendant E Co., Ltd. (hereinafter “Defendant E”) established 15,000 common shares of KRW 15,00 as capital.

B. On March 2, 2006, the register of shareholders of the Defendant Company stated that the Plaintiff owned 6,000 shares, 4,500 shares by Defendant C (hereinafter “2 shares”) and 4,500 shares by D, respectively (hereinafter “3 shares”), and that Defendant B owned 6,00 shares by Defendant B (hereinafter “1 shares”) 6,00 shares by April 1, 2008, Defendant C, and D owned 4,50 shares by each of them.

[Ground for Recognition: Facts without dispute, Gap evidence, Gap evidence 1, Gap evidence 2-2, Gap evidence, Gap evidence 10, the purport of the whole pleadings]

2. Assertion and determination

A. Defendant B, without the Plaintiff’s consent, voluntarily prepared a false transfer/acquisition agreement to transfer 6,00 shares owned by the Plaintiff to Defendant B, and completed the transfer of ownership in its name.

Since the name of the shareholder of the defendant company was changed from the plaintiff to the defendant B under a false transfer contract, the defendant B is obligated to confirm that the shares of this case in his own name were owned by the plaintiff and to take a transfer procedure to change the name of the shareholder to the plaintiff for shares of this case.

The Plaintiff is a beneficial shareholder who owns the entire shares of the Defendant Company, but in order to avoid becoming an oligopolistic shareholder, the Plaintiff entrusted the name of the shareholder of the instant 2 shares and the instant 3 shares to Defendant C.

The Plaintiff, as a delivery of a duplicate of the instant complaint, terminates the title trust agreement concluded between the Plaintiff, Defendant C, and D.

Upon the termination of the title trust agreement, Defendant C is obligated to confirm that the shares of this case were owned by each Plaintiff with respect to the shares of this case No. 3, and Defendant D is obligated to take the transfer procedure for changing the name of shareholders to the Plaintiff with respect to the shares of this case No. 2 and No. 3.

(b)general theory;

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