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(영문) 의정부지방법원 고양지원 2018.06.28 2017가단94757
회사에 관한 소송
Text

1. The Defendants confirm that the shareholders' rights of the shares listed in the separate sheet were against the Plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. E is a corporation that manufactures and sells electronic parts established on December 28, 1984 (a trade name F Co., Ltd. at the time of its establishment to G Co., Ltd. on January 3, 200, and as of February 1, 2007, respectively changed from January 3, 200 to the trade name), and the Plaintiff is a director who is concurrently holding office as the largest shareholder of E.

The number of shares per share on the date of title trust is non-assigned with the number of shares per common share on November 10, 1997, and KRW 500,000 won per ordinary share on April 10, 1999, KRW 8,000,000 per ordinary share on April 10, 1999, KRW 500,000 per ordinary share on October 13, 1999, KRW 800,000 per ordinary share on April 10, 200, KRW 5,000 per common share on April 10, 200, KRW 160 per 8 million on May 14, 200, KRW 5,000 per common share on May 14, 200, KRW 1600 per 8 million on a capital increase with capital increase of KRW 64 million on April 3, 200, KRW 300.

B. On November 10, 1997 (the representative director of E was the Plaintiff, and from March 2, 200, from March 2, 2000 to May 14, 2002, the Plaintiff held the title trust of the shares listed in the separate sheet (the shares of E Co., Ltd.; hereinafter “instant shares”) as indicated below, and each share price of 1,600 shares for first title trust and 2,400 shares for capital increase (=800 shares for 1,600 shares) was paid by the Plaintiff.

C. On May 4, 2017, the Plaintiff and I concluded an agreement to terminate the title trust of the instant shares in the name of I.D.

I died on May 21, 2017, and his heir is Defendant C and D, the wife, Defendant B and his children.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 9 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination

A. If a person who entrusted a shareholder’s name with respect to the shares before the issuance of share certificates as to the cause of the claim 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, the shareholder’s right to the shares listed in the register of shareholders

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