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(영문) 대구지방법원 2020.06.17 2019가단150938
주주권 확인
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1. It is confirmed that the Plaintiff is a shareholder of shares listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

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 of the agreement. In such a case, if 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

(see, e.g., Supreme Court Decision 2011Da109708, Feb. 14, 2013). Around 1995, the fact that the Plaintiff held title trust to the Defendant, the mother of the shares listed in the separate sheet (hereinafter “instant shares”) is no dispute between the parties, and the fact that the Plaintiff expressed his/her intention to terminate the title trust to the Defendant by serving a duplicate of the instant complaint on the Defendant is apparent in the record. As such, the shareholder’s right to the instant shares was returned to the Plaintiff, the title truster,

In regard to this, the defendant asserts that the plaintiff was given a title trust share to the defendant when the management of the C Co., Ltd. is well-grounded, but there is no evidence to acknowledge it.

In addition, the defendant is entitled to receive shares since the title trust itself has contributed sufficiently to the above company.

Although the plaintiff asserts that he/she should receive or reasonable compensation, such circumstance alone does not serve as a ground to deny that he/she is a shareholder of the shares of this case.

The defendant's argument cannot be accepted.

On the other hand, as long as the Defendant contests the Plaintiff’s right, there is a benefit to seek confirmation of the Plaintiff’s right against the Defendant, who is a shareholder of the instant shares.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition by admitting it.

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