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(영문) 부산지방법원 2017.05.24 2016가합52275
주주확인의 소
Text

1. Shares listed in Appendix 1 between the Plaintiff and Defendant B, and shares listed in Appendix 2 between the Plaintiff and Defendant C, respectively.

Reasons

1. Basic facts

A. On June 5, 2009, the Plaintiff acquired 20,000 shares of Co., Ltd. D (former trade name: E and corporate registration number: F) in the name of Defendant B. From July 3, 1997 to 2000, the Plaintiff acquired 114 shares of G (former trade name: E and corporate registration number: H) in the name of Defendant C.

B. On December 29, 2012, the Plaintiff agreed to terminate the title trust agreement with Defendant B on December 31, 2012, and with Defendant C on December 31, 2012, respectively, on the shares listed in attached Tables 1 and 2 (hereinafter “instant shares”).

[Ground of recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including branch numbers for those with additional numbers) and the purport of the whole pleadings

2. Determination

A. According to the facts as seen earlier, the Plaintiff, as the de facto underwriter of the instant shares, held in title trust each of the shares listed in attached Table 1 and attached Form 2 to Defendant C. Since the title trust agreement between the Plaintiff and the Defendants was lawfully terminated on December 2, 2012, the ownership of the instant shares was returned to the Plaintiff, the title truster.

As long as the Defendants dispute this, the Plaintiff has a benefit to seek confirmation.

B. As to this, Defendant B is the internal director of Defendant D Co., Ltd., and Defendant C contributed to the growth of each of the above companies. However, the Plaintiff did not provide particular allowances to the above company, and the Plaintiff did not intend to recognize and make a contribution to the Defendants. As such, some of the shares of this case should be recognized as a contribution share.

However, as alleged by the Defendants, the Plaintiff did not pay remuneration to the Defendants, and the Defendants contributed to the growth of each company.

Even if the plaintiff recognized his contribution and transferred part of the shares of this case to the defendants.

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