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(영문) 광주지방법원 2017.09.08 2016나59682
주식인도 등 청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On July 13, 2002, the plaintiffs asserted that they jointly accepted the shares listed in the separate sheet (hereinafter "the shares of this case") as shareholders at the time of establishment of the I Co., Ltd. (hereinafter "I"), but held title trust in the name of J for convenience.

Meanwhile, around that time, the Plaintiffs lent KRW 68,680,00 to I by having the name of the lessee J.

Since then on April 3, 2014, the J succeeded to the shares of this case by Defendant C 3/13, Defendant D, E, F, G, and H, respectively, and by 2/13.

Since then, I was liquidated on March 24, 2016. Since the total value of the instant stock and loans amounting to approximately KRW 100,000,000, the Defendants are obligated to pay the amount claimed to the Plaintiffs according to their respective inheritance shares.

2. Determination

A. A person registered as a shareholder in the register of shareholders is presumed to be the shareholder of the company in question, and in order to reverse this, there is a burden of proof on the part of denying the shareholder's rights. Thus, in order to assert that the name of the shareholder in the register of shareholders was trusted and that of the borrowed name, a separate shareholder in substance exists, the party asserting such title trust relationship should prove the borrowed name.

In addition, even if a third party, who is not a shareholder on the register of shareholders, actually engaged in the payment of the price for new stocks, the underlying underlying underlying relationship for such act, such as title trust relationship, and can present various forms of legal relations such as the partnership with which capital is the investment obligation of one party, or the simple loan relationship with the purchase price for new stocks. Thus, the mere fact that the third party merely engaged in the payment of the price for new stocks without ascertaining the underlying relationship or real relationship with the purchase price for new stocks by a third party cannot be readily concluded as a substantial shareholder based on the title trust relationship

(See Supreme Court Decision 2007Da27755 Decided September 6, 2007, etc.). B.

. Determination.

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