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(영문) 인천지방법원부천지원 2016.04.01 2015가합104076
주주권 확인 등
Text

1. Of the shares listed in the Schedule,

A. As to 36,00 shares in Defendant B’s name between the Plaintiff and Defendant B,

Reasons

1. Basic facts

A. The Plaintiff, including the conclusion of a title trust agreement with the Plaintiff, on August 31, 2001, from around March 2, 2006 to around March 2, 2006, the Plaintiff entered into a title trust agreement with F as to the 60,000 shares of the ordinary shares issued 60,000 shares (hereinafter “G”) (the value of KRW 5,000 per share) (the value of KRW 5,000 per share) issued by the Plaintiff, and the Plaintiff entered into a title trust agreement with F for the 36,00 shares (the value of KRW 5,00 per share). The G’s list of shareholders also entered Defendant B and F as the shareholders of each of the above shares.

After that, F died, and there are Defendants C, D, and E with their successors.

B. G issued 120,00 shares of G. G. The issue of 120,00 shares has not yet been issued until now.

C. The Plaintiff’s termination of a title trust agreement with the Plaintiff’s lawsuit of this case and the Defendants as above.

On November 30, 2015, Defendant B expressed his/her intent to terminate the title trust agreement, and a duplicate of the complaint containing his/her intent was sent to Defendant C on January 28, 2016, to Defendant D on December 1, 2015, and to Defendant E on December 19, 2015.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 5 (including virtual number), and the purport of whole pleadings

2. According to the above facts of determination as to the Plaintiff’s cause of claim, Defendant B and netF are limited to the name of a shareholder registered as a shareholder in the form of G’s shareholder registry pursuant to the above title trust agreement, and the right to 60,000 shares above was returned to the Plaintiff upon the Plaintiff’s declaration of intent to terminate the title trust agreement.

Meanwhile, in relation to G, the Defendants asserted that Defendant C, D, and E, the heir of Defendant B, and networkF, the nominal shareholder on the register of shareholders, still have the right as a shareholder. However, the nominal shareholder on the register of shareholders, who is listed on the register of shareholders, is entitled to exercise the rights as a shareholder even if they do not prove their substantive rights in relation to the company.

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