(영문) 서울중앙지방법원 2020.06.17 2020가단5003317

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(영문) 서울중앙지방법원 2020.06.17 2020가단5003317

주주권 확인 등

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1. The Plaintiff confirms that it is a shareholder of the shares listed in the separate sheet in Defendant B’s name.

2. Defendant C Co., Ltd.

Reasons

1. The fact that the shareholder of the defendant C Co., Ltd. (hereinafter "the defendant Co., Ltd.") entered the shares listed in the separate sheet (hereinafter "the shares of this case") on the list of shareholders of the defendant C Co., Ltd. (hereinafter "the defendant Co., Ltd.") is stated as the defendant B. However, around 2008, the plaintiff trusted the shares of this case to the defendant B, and the plaintiff expressed his intention to terminate the title trust of the shares of this case upon the delivery of the copy of the complaint of this case. The fact that the copy of the complaint of this case was delivered to the defendant B on January 13, 2020. The fact that the shares of this case were not issued does not conflict between the parties, or that the shares of this case were not issued, may be acknowledged by taking into account the whole purport of the pleadings

According to the above facts, the plaintiff expressed his intention to terminate the title trust by delivering a copy of the complaint of this case. Thus, the shareholder's right to the shares of this case was returned to the plaintiff.

Therefore, shareholders' rights of the instant shares are owned by the Plaintiff.

2. According to the facts acknowledged prior to the determination as to the claim against the Defendant Company, the Defendant Company is obligated to implement the transfer procedure with respect to the instant shares to make the name of the shareholder on the shareholder registry as a beneficial shareholder.

In relation to the Defendant Company, which is the external relation of title trust, the Defendant Company ought to be deemed to have a shareholder’s right, and thus, it cannot respond to the Plaintiff’s claim.

However, if a person who has entrusted a shareholder's name terminates the title trust contract with the trustee, the right of the shareholder shall be returned to the title truster and the trustee shall not be required to do a new legal act for the transfer of shares. In such a case, the truster may independently request the company to change the title.

(See Supreme Court Decision 92Da16386 delivered on October 27, 1992). The defendant company’s assertion is the company.

참조판례

-대법원 1992. 10. 27. 선고 92다16386 판결

유사 판례

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