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(영문) 광주지방법원 2017.03.14 2016가단517446
주주확인
Text

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

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

Reasons

1. Basic facts

A. C (hereinafter “Nonindicted Company”) is a company engaged in housing construction business, sales agency business, etc., and the Plaintiff is a representative director of the Nonparty Company until now since he/she assumed office as the representative director on July 28, 2015.

(B) during the period from April 20, 2012 to April 20, 2015, a non-party company has served as a representative director.

After the resolution of the general meeting of shareholders of the non-party company, the Plaintiff issued 15,000 common shares with the registered common shares of KRW 10,000 on July 31, 2015, and paid the full amount of the share capital, 8,000 shares are trusted with the name of the defendant, 7,000 shares in his/her own name, and 5,000 shares issued on October 16, 2015 and trusted the name of the defendant with the name of KRW 10,000 in his/her own name, 5,000 shares in its name.

(hereinafter, 12,00 shares in the name of the defendant are collectively referred to as the "share of this case").

On July 22, 2016, a duplicate of the instant complaint containing the Plaintiff’s expression of intent to terminate the title trust agreement with respect to the instant shares was served on the Defendant.

[Reasons for Recognition] Evidence No. 1, Evidence No. 2-1 to 3, Evidence No. 3-1, 2, Evidence No. 5 through 8, Evidence No. 1, 2-1, and 2-1, respectively, and the purport of the whole of the arguments and arguments No. 2

2. According to the above facts, the plaintiff borrowed the defendant's name as the actual underwriter of the shares of this case and held title trust, but terminated the title trust agreement with the delivery of the copy of the complaint of this case, so the shareholders' rights of the shares of this case were returned to the plaintiff. As long as the defendant contests this, the plaintiff has a benefit to seek confirmation of the shareholders' rights.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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