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(영문) 서울남부지방법원 2018.05.17 2018가단201980
주주권확인 및 명의개서 청구
Text

1. As to the shares listed in the separate sheet No. 1, Defendant C shall be the Plaintiff with respect to the shares listed in the separate sheet No. 2.

Reasons

1. The following facts are acknowledged among the Plaintiff, Defendant B, and Defendant C as follows: (a) each entry in Gap evidence Nos. 1, 2, and 4 through 9 (including additional numbers) is admitted, and there is no dispute between the Plaintiff and the Defendant Company.

Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company established for its business purpose with the manufacture and sale of electronic parts on December 28, 1984, and is 5,000 won per share, total number of issued and outstanding shares 1.60,00 won per share, and 80,000 won per share.

The shares held by the shareholders of non-share A75,200 and 47% Plaintiff E 42,400 and 26.5% representative directors of 10,400 B 6.5% B 11,200 7% Defendant C 14,400 and Defendant G 6,400 4% totaled 160,000% 10%

B. As seen in the table below, the Plaintiff is the largest shareholder of the Defendant Company as well as the intra-company director, and the Defendants B and C are listed as the shareholders of 11,200 shares, 14,400 shares on the Defendant Company’s list as shown in the table below and the table Nos. 1, 200 shares, and 1,20 shares.

C. On June 15, 2012, Defendant B prepared and issued a “title trust termination agreement” with the purport that “Defendant Company’s common share 11,200 shares are entrusted by the Plaintiff and each waiver of the rights thereto,” and “a title trust termination agreement with respect to the said 11,200 shares” to the Plaintiff.

On March 7, 2012, Defendant C also prepared and delivered to the Plaintiff the “written waiver of stock rights” and the “written termination of title trust” to the same effect as to the foregoing 14,400 shares on March 7, 2012.

2. According to the above facts of determination as to the cause of claim, each of the shares listed in the separate sheet Nos. 1 and 2 recorded in the name of Defendant B and C in the register of shareholders shall be deemed to have been trusted from the original Plaintiff to the said Defendants, and each of these shareholders' rights shall be deemed to exist to the Plaintiff. As long as the Defendants have asserted this, they have the interest of confirmation, and as long as each of the above agreements was terminated, the Defendant Company shall have the interest

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