(영문) 인천지방법원 2016.11.25 2015가합60449

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2016.11.25 2015가합60449

주식양도 청구의 소

Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

At the time of the establishment of G, the Plaintiff accepted 2,50 shares in the name of Defendant C, D, E, and F, and thereafter, during the process of capital increase, registered the shares in the name of the Defendants listed in the separate sheet with the Defendants, and terminated the title trust agreement with the Defendants by delivery of the written complaint. Therefore, the Defendants asserted that the Plaintiff is liable to implement the transfer of ownership on the grounds of termination of the title trust agreement on each of the shares in the name of the Defendants listed in the separate sheet.

We examine the legitimacy of the suit ex officio.

If a person who has entrusted the title of a shareholder terminates the title trust contract with the trustee, the right of the shareholder shall be returned to the title truster, and thus, a new juristic act is not required for the transfer of shares, and the change of ownership on the register of shareholders is merely a requisite for setting up against the owner of shares to exercise the shareholder's rights in relation to the company. Therefore, barring any special circumstance, a person who asserts that he/she is a shareholder may solely file a request for change of ownership with the company by proving that

(2) In light of the above legal principles, the Plaintiff’s transfer of title to the Defendants, as alleged by the Plaintiff, cannot be deemed to have a legal interest in litigation, even if the Plaintiff entrusted the Defendants with the name of a shareholder on the shares, but terminated the title trust agreement, it cannot be said that the Plaintiff proves such fact and seeks the transfer of title to the Defendants, a trustee, without claiming a transfer of title to the register of shareholders on the register of shareholders.

Therefore, since the plaintiff's lawsuit against the defendants is unlawful, it is so decided as per Disposition by the assent of all.

참조판례

-대법원 1992. 10. 27. 선고 92다16386 판결

유사 판례

-창원지방법원 진주지원 2018.11.21 2018가합186

-수원지방법원 2019.12.11 2017가합25485

-인천지방법원부천지원 2019.04.26 2018가단14023

-전주지방법원군산지원 2019.03.21 2018가합51275

-대법원 1992. 10. 27. 선고 92다16386 판결