(영문) 창원지방법원진주지원 2020.10.13 2020가합12953

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(영문) 창원지방법원진주지원 2020.10.13 2020가합12953

사원권확인

Text

1. The defendants among the 20,000 units of contribution units E of a limited liability company, the head office of which is located in Jinju-si D between the plaintiff and the defendants.

Reasons

1. Facts of recognition;

A. The non-party E (hereinafter “non-party E”) is a corporation for the purpose of automobile transportation business, automobile accessories, and oil sales business, and the total amount of capital is KRW 5,000 per investment unit, and the total amount is KRW 100,000 (total number of 20,000).

B. The plaintiff, the representative director of the non-party company, thought that more than a certain number of investors is needed at the time of acquisition of the non-party company, shall make part of the number of contribution units of the non-party company under the name of the defendants, who are the plaintiff's parents. The non-party company entrusted each number of contribution units by having 2,000 of the number of contribution units of the non-party company under the name of defendant B,

C. On July 28, 2020, the Plaintiff served a copy of the instant complaint indicating that the above title trust was terminated on the Defendants.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The following facts are acknowledged based on the evidence and the facts acknowledged prior to the judgment and the overall purport of the pleadings. In other words, the Plaintiff entrusted each 2,000 of the equity shares of the non-party company in the name of the Defendants (the Defendant also recognized this part), and ② In full view of the fact that the duplicate of the complaint of this case, indicating the intention to terminate the title trust, was served on the Defendants on July 28, 2020, it is reasonable to deem that the Plaintiff trusted each 2,000 of the equity shares of the non-party company to the Defendants. As long as the Defendants expressed their intention to terminate the title trust, the title trust agreement on each 2,00 equity shares of the non-party company was terminated.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

유사 판례

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