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(영문) 서울중앙지방법원 2015.12.18 2014가단5355925
주주권 확인 등 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. Plaintiff A is a shareholder who owns 5,000 shares of Defendant D Co., Ltd. (hereinafter “Defendant D”), among 10,000 common shares of Defendant D Co., Ltd. (hereinafter “Defendant D”), and is the father of Defendant F, and Plaintiff B and C own 2,50 shares of Defendant E Co., Ltd. (hereinafter “Defendant E”), respectively, as a shareholder who owned 2,50 shares of Defendant E Co., Ltd. (hereinafter “Defendant E”).

B. At present, the register of shareholders of Defendant D states that Plaintiff A transferred 50% of the shares owned by Defendant F and Defendant F owned 5,010 shares. The register of shareholders of Defendant E states that Plaintiff B and C transferred 2,00 shares each to Defendant F and Defendant F owned 5,500 shares, and H, the mother of Defendant F, is 50 shares.

[Ground for recognition] Unsatisfy

2. Determination

A. In managing the Defendant Company, Defendant F assumed that the Plaintiffs’ shares were acquired by using the Plaintiffs’ painting while managing the Defendant Company, and entered Defendant F in the register of shareholders of the Defendant Company as shareholders.

Therefore, Defendant F confirmed that the shares of each Defendant Company were owned by the Plaintiffs as before the Plaintiffs’ shares were entered as a change in the register of shareholders, and that Defendant F and Defendant E are liable to cancel each transfer procedure, or both Defendant E’s shares held by Defendant F and Defendant E were held in title trust by Plaintiff A. Therefore, Defendant F and Defendant E are liable to implement the transfer procedure based on the termination of title trust.

B. The shareholder registry is presumed to be a shareholder of the company, and the company bears the burden of proof to reverse the shareholder registry.

The evidence Nos. 1 through 23, the witness I’s testimony, and the party principal questioning against the Plaintiff was merely recorded in the register of shareholders in the false register of shareholders, even though Defendant F had not acquired the shares of the Defendant Company, without having taken over the shares of the Defendant Company.

or the defendant F.

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