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(영문) 수원지방법원 2015.04.16 2015가단100644
주주권 확인 등
Text

1. The Plaintiff and Defendant B are the shareholders' rights holders of shares listed in the attached Table 1, and the Plaintiff and Defendant C.

Reasons

1. As of December 31, 2013, the register of shareholders of Defendant New Co., Ltd. (hereinafter “Defendant Co., Ltd”) for Defendant New Co., Ltd. (hereinafter “Defendant Co., Ltd”) registered as holding 4,00 shares (attached Form 1 shares) and 6,00 shares (attached Form 2 shares) as of December 31, 2013. The Plaintiff held the title trust of shares under the above Defendants’ name (hereinafter “instant shares”) around March 5, 2002. The fact that the instant shares were not issued up to the present date is not a dispute between the parties, and it is recognized that the Plaintiff terminated the instant title trust agreement with the said Defendants around December 16, 2014. Thus, the Plaintiff is a shareholder with respect to the instant shares, and there is also a dispute between the parties to the instant shares.

Therefore, the plaintiff's claim against the above defendants is with merit.

2. According to the reasoning of the judgment as to the claim against the Defendant Company, the Plaintiff is the actual shareholder of the instant shares, and the right to the instant shares was restored to the Plaintiff upon the termination of the title trust agreement with the Defendants. Therefore, the Defendant Company is obligated to implement the transfer procedure in the name of the Plaintiff so that the Plaintiff may exercise his

3. Accordingly, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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