(영문) 대전지방법원 2020.09.09 2020가단3939

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(영문) 대전지방법원 2020.09.09 2020가단3939

주식확인

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion of the parties is the cause of the instant claim, and the Plaintiff seeks confirmation of the status of shareholder holding 1,852 shares of the Defendant.

In this regard, the Defendant initially asserted that the Plaintiff was a shareholder holding 1,852 shares of the Defendant, but the Plaintiff later transferred all shares to another person in 1997, which is not a shareholder of the Defendant.

2. Determination: In light of the following circumstances, recognizing that the Plaintiff is deemed to have transferred all of its shares, the Plaintiff is deemed to have transferred all of its shares to another person in the past 1997, and is not the present Defendant’s shareholder.

① On April 25, 1997, the Plaintiff’s written request for share transfer from April 25, 1997, which was attached to the Plaintiff’s seal No. 1,852 shares, stated that the Plaintiff filed a claim for share transfer pursuant to the said request against the Defendant for share transfer on the ground that the Plaintiff transferred all 1,852 shares to 17 persons, including C, in a certain amount.

[Plaintiff recognizes that the following stamp image of the Plaintiff’s name in the above written request for share transfer is based on the Plaintiff’s seal (the first statement of pleading). As such, the authenticity of the entire document is presumed to have been established ( insofar as the identity of the stamp image and the true seal is recognized, it is presumed that the stamp image in the document was reproduced on the Plaintiff’s will, unless there is any counter-proof. Therefore, the authenticity of the document is presumed to have been established because the stamp image in the document was de facto ratified.) Meanwhile, the Plaintiff asserted that the document was forged on the ground that the Plaintiff did not have affixed the stamp image in the above document while recognizing the portion of the stamp image in the document, but there is no evidence to prove that the document was forged on the ground that the Plaintiff did not have affixed the stamp image in the above document. However, the Defendant’s statement of share transfer in 1996 prior

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