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(영문) 창원지방법원 진주지원 2018.07.04 2017가합10827
소유권확인
Text

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

1. Facts of recognition;

A. C Co., Ltd (hereinafter “instant company”) was incorporated with the amount of KRW 5,000 per share on March 3, 2016, the total number of shares of KRW 100,000 (hereinafter “instant shares”), and the capital amount of KRW 500,000.

B. At the time of the establishment of the instant company, the representative was the Defendant, who was an internal director, but on November 30, 2016, the Plaintiff added the Plaintiff as an internal director, and the Plaintiff and the Defendant were registered as the respective representative director of the instant company.

On March 20, 2017, the Plaintiff was dismissed from office as a director on March 20, 2017, and the Defendant is currently registered as a director.

C. On February 29, 2016, the register of shareholders of the instant company entered that the Defendant owns all 100,000 shares of the instant company (hereinafter “instant shares”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 13, the purport of the whole pleadings

2. Determination as to the cause of action

A. A person registered as a shareholder in the register of shareholders is presumed to be a shareholder of the company in question and, in order to reverse this, there is a burden of proof on the part of denying the shareholder's rights. Thus, in order to assert that the name of the shareholder in the register of shareholders was trusted and that of the borrowed name, a person who is the nominal name has a separate shareholder, the party asserting such title trust relationship must prove the borrowed name.

B. (See, e.g., Supreme Court Decisions 84Meu2082, Mar. 26, 1985; 2007Da27755, Sept. 6, 2007).

Judgment

1. According to the following facts and circumstances, it is reasonable to view that the Plaintiff merely entrusted the name of the Defendant as a substantial shareholder, based on the following facts and circumstances acknowledged by comprehensively taking account of whether the Plaintiff title trust the instant shares to the Defendant, Gap evidence Nos. 2, 4 through 9, 12, 13, Eul evidence Nos. 8, 9, and 14, and the overall purport of testimony and pleadings by witnesses D, E, and F.

① On January 201, 2016, the Plaintiff established the instant company.

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