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(영문) 창원지방법원 2016.01.12 2014가단5985
주식반환등
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. The facts based on which Defendant B owned shares listed in the separate sheet as representative director of the Defendant Company (hereinafter “instant shares”) and registered in the shareholder registry of the Defendant Company as the representative director are recorded in the Defendant Company’s shareholder registry may be acknowledged according to either the parties’ dispute or the evidence Nos. 1 and 2.

2. The Plaintiff asserted that the Plaintiff, as the actual owner of the instant shares, was entrusted with the said shares to Defendant B, who was the birthee, in light of the circumstances, and that the Plaintiff terminated the title trust agreement with the delivery of the copy of the complaint of this case, and sought confirmation from Defendant B that the shareholder of the said shares was the Plaintiff, and sought against the Defendant Company the implementation of the transfer transfer procedure with respect to the said shares, the Defendants asserted that Defendant B was the actual owner of the instant shares and did not have been entrusted with the name of the said shares from

3. In light of the judgment, the person registered as a shareholder in the register of shareholders is presumed to be the shareholder of the company in question, and in order to reverse the presumption of the shareholder's rights, 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 name borrowed, the person who is registered as a shareholder in the register of shareholders is a separate shareholder

(See Supreme Court Decision 2007Da27755 Decided September 6, 2007, etc.). According to each of the evidence Nos. 1 through 51 in this case, the Plaintiff was engaged in the real estate development business that acquired profits by purchasing and disposing of real estate before the establishment of the Defendant Company, and became incorporated upon the recommendation of a certified tax accountant, and imposed the expenses for certified judicial scrivener during the process of incorporation. After incorporation of the Defendant Company, the Plaintiff was deemed to have managed the funds of the Defendant Company and played a significant role in the management of the Defendant Company, but on the other hand, it is deemed that the Plaintiff entered each of the evidence Nos. 1 through 51, and witness D.

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