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(영문) 대구지방법원 2018.11.08 2018가단104754
주주권확인 등의 소
Text

1. It is confirmed that the Plaintiff and Defendant B owned the Plaintiff’s shares listed in the separate sheet.

2. The Defendant C Co., Ltd.

Reasons

1. Facts of recognition;

A. Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd.”) is a company established on April 14, 2016 for the purpose of cargo brokerage and agency business. The Plaintiff is an internal director and substantial operator of the Defendant Co., Ltd., and Defendant B is a person who was appointed to the former representative director D on September 23, 2016 upon the Plaintiff’s request.

B. On October 4, 2016, the Plaintiff: (a) held title trust with Defendant B on the shares listed in the separate sheet (hereinafter “instant shares”) that caused the Plaintiff’s title trust to D; and (b) on the same day, Defendant B was registered as the owner of the instant shares in the Defendant Company’s shareholder registry.

C. In filing the instant lawsuit on February 12, 2018, the Plaintiff expressed the Defendants’ intent to terminate the title trust on the instant shares. D.

On April 9, 2018, Defendant B sent to the Plaintiff a certificate of content that “When the recovery of honorary and monetary damage is completed, the representative director will immediately be assigned, and the shares he/she holds will be merely borrowed from the name and the ownership of his/her shares is merely borrowed, and there is no actual monetary share.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the shares in this case registered in the name of the defendant B in the name of the plaintiff are the shares held in title in the name of the plaintiff, and as long as the defendant B is dissatisfied with the claim of this case before the settlement of monetary problem between the plaintiff himself and the plaintiff and the defendant company, the above shares are the plaintiff and the owner of the above shares cannot comply with the claim of this case. On the other hand, as long as the above title trust agreement has been terminated, the defendant company is obligated to implement the procedure for changing the name of the shareholder to the plaintiff.

B. As to this, Defendant B is the Plaintiff.

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