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(영문) 대전지방법원천안지원 2020.01.17 2019가합102591
주주권확인
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Summary of the plaintiffs' assertion

A. The Plaintiffs are shareholders of H Co., Ltd. (hereinafter “H”). On December 31, 200, on the list of shareholders as of December 31, 200, Plaintiff A was registered as shareholders of the shares listed in paragraph (1) of the attached Table, Plaintiff B as the shares listed in paragraph (2) of the attached Table, Plaintiff C as the shares listed in paragraph (3) of the attached Table, and Plaintiff D as shareholders of each share listed in paragraph (4) of the attached Table.

B. While I, J, K, and L (hereinafter “I”) did not acquire each of the above shares from the plaintiffs, on February 25, 2009, they transferred 58,000 shares of the above shares to Defendant E, the J transferred 35,00 shares of the above shares to Defendant F, and K, and L transferred 13,00 shares of the above shares to Defendant G for the purpose of securing 26,00 shares of the above shares.

C. However, since the transfer of shares to the Defendants, such as I is null and void due to an act of disposal by an unentitled person, the Defendants cannot be deemed as a shareholder of H.

Nevertheless, since the Defendants were recognized as shareholders in H’s shareholder registry in various rulings, the Plaintiffs, as legitimate shareholders, seek confirmation of shareholders’ rights against the Defendants.

2. Determination as to the defendants' main defense

A. The Defendants asserted to the effect that the lawsuit in this case was filed after the lapse of the exclusion period (the Defendants used the term “the statute of limitations for claims” but are determined by the aforementioned prior determination as above.

(2) However, there is no provision regarding the period of exclusion in the law regarding the lawsuit for confirmation of shareholders' rights. Therefore, the Defendants' above assertion is without merit.

B. 1) The Defendants asserts to the effect that the Plaintiffs are not the Plaintiffs, and thus are not the Plaintiffs, and that there is no standing or interest in confirmation. 2) ① [Standing] Even if the Plaintiffs are assumed to be not the shareholders as alleged by the Defendants, this is merely a matter pertaining to the merits, and such circumstance alone does not constitute a standing to file a lawsuit seeking confirmation of shareholders’ rights with the Plaintiffs.

(2) Confirmation.

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