logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.09.12 2018가단5194
명의개서절차이행등
Text

1. Defendant C Co., Ltd. shall name the shareholders on the list of shareholders with respect to the shares listed in the attached list to the Plaintiff.

Reasons

1. Determination as to the claim against Defendant C

(a)as shown in the reasons for the attachment of the claim;

(b) Grounds for recognition: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion was made on the title trust of the shares listed in the separate sheet to Defendant B, and terminated the title trust. As such, Defendant B is obligated to express his intent to transfer shares to the Plaintiff and notify the Defendant C of the transfer of shares.

B. In light of the determination, in a case where a person who entrusted a shareholder’s name with respect to the shares before the issuance of share certificates terminates a title trust agreement with the trustee, the shareholder’s right to the shares is returned to the title truster only by the declaration of termination (see, e.g., Supreme Court Decisions 2011Da109708, Feb. 14, 2013; 92Da16386, Oct. 27, 1992). As such, not only requesting the implementation of transfer procedures on the shareholder registry against Defendant C on the ground that the Plaintiff’s title trust was terminated but also demanding the notification of the transfer of shares and the transfer of shares against the Defendant B, the title trustee, is unlawful as there is no benefit of lawsuit.

Therefore, the plaintiff's lawsuit against the defendant B is unlawful and thus dismissed.

arrow