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(영문) 서울중앙지방법원 2014.07.03 2013가합75323
주주명부명의개서이행
Text

1. It is confirmed that the Plaintiff is a shareholder of shares listed in the separate sheet.

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

Reasons

1. The shares held by Plaintiffs 1, 21,740 31.06 2, 20.00 3 E 270.39 4F 4,740 6G 14,740 7.7 G 5 G 14,00 6H 7,000 6H 7,000 7,00 7 I,510 5.01

A. According to the register of shareholders of C Co., Ltd. (formerly: D Co., Ltd.; hereinafter “C”) on March 31, 2012, the total number of outstanding shares of C is 70,000 shares, and the number of shares owned by shareholders listed in the register of shareholders is as follows:

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. The parties' assertion

A. The Plaintiff asserts that the shares 14,000 shares registered in the name of the Defendant in the C’s register of shareholders (hereinafter “instant shares”) are placed in a trust with only the name of the Defendant, and that the title trust is terminated. Therefore, the instant shares are owned by the Plaintiff.

B. The defendant asserts that the shares of this case were owned by the defendant, since the defendant received the shares of this case as a contribution to the incorporation of C and thereafter to the employee in the course of managing the company.

3. Determination

A. If a person who has 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 solely by the declaration of termination. In such a case, where the nominal shareholder listed in the register of shareholders contests substantial shareholder’s rights, the substantial shareholder may seek confirmation of the shareholder’s right against the nominal shareholder

(Supreme Court Decision 201Da109708 Decided February 14, 2013). Moreover, a person registered as a shareholder in the register of shareholders is presumed to be a shareholder of the company, and in order to reverse this, there is a burden of proof on the part of denying the shareholder’s rights. Therefore, in order to assert that the name of the shareholder in the register of shareholders was trusted and that there was a separate shareholder in the name of the nominal lender, the person claiming such title trust relationship should prove the fact of borrowing the name.

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