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(영문) 대구지방법원포항지원 2016.10.20 2015가합41294
주식양도 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. D’s list of shareholders of D Co., Ltd. (hereinafter “D”) was established on January 15, 2007. At the time of its establishment, D’s total number of shares was KRW 21,000 per share and KRW 10,000 per share. However, on October 31, 2007, the total number of shares issued was increased by 41,000,000; 2) on D’s list of shareholders, the number of shares issued was 10,710 out of 21,000 shares issued on D’s list of shareholders, and the remainder was owned by Defendant B and E, one of the Plaintiff’s husband and the representative director, respectively.

The capital increase of 20,000 shares B and E accepted 10,000 shares, and the shareholder name was changed to C with respect to 4,578 shares out of the shares held by Defendant B.

(hereinafter referred to as the “instant shares”) b. 20,710 shares held by the Defendants.

The E’s death died on November 16, 2014, and the Plaintiff and the heir were self-employed. However, the deceased’s heir agreed on the division of inherited property with the content that all rights related to the instant shares accrue to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1, 3 through 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the shares of this case were held in title trust with Defendant B, and the beneficial shareholder is the network E, and some shares of Defendant B were re-title trust in the name of Defendant C.

The Plaintiff, the inheritor of the network E, has terminated the above title trust agreement with the Defendants, and seek delivery of the shares of this case by serving a duplicate of the complaint of this case.

B. 1) In order to reverse this determination, a person registered as a shareholder in the register of shareholders is presumed to be the shareholder of the company, and there is a burden of proof on the part of denying the shareholder’s right. Therefore, in order to have a trust with the name of the shareholder in the register of shareholders and to have a separate shareholder in substance, it is necessary to prove that such title trust relationship is asserted (see, e.g., Supreme Court Decision 2014Da218511, Dec. 11, 2014

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