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(영문) 인천지방법원부천지원 2016.10.20 2016가단110552
주식명의개서 등 청구
Text

1. It is confirmed that the Plaintiff and Defendant B owned the Plaintiff’s shares listed in the separate sheet.

2. Defendant C Co., Ltd.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant C”) was established on April 28, 200, and as the Plaintiff, the founder and representative director of Defendant C, registered 1,500 shares, including the shares listed in the separate sheet (hereinafter “instant shares”) among the 10,000 shares issued by the Plaintiff at the time of its establishment, as Defendant C’s title trust with Defendant B, who is an employee, was registered as shareholders of the above 1,50 shares in the register of shareholders.

B. On July 22, 2014, Defendant B changed the name of 100 shareholders among the above 1,500 shares to the Plaintiff, and accordingly, only the instant shares were left in the name of Defendant B on the register of shareholders.

C. Defendant B retired from the Defendant C on December 30, 2015, and the Plaintiff terminated the title trust of the instant shares and demanded the transfer of title to Defendant B, but Defendant B rejected this.

The share certificates regarding the shares of this case were not issued.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 7 (including additional number), the purport of the whole pleadings

2. On the ground that the instant shares were actually owned by the Plaintiff and sought confirmation of ownership against Defendant B, Defendant B may achieve the purpose by proving the ownership of the instant shares against the Defendant C, who is the issuer of the instant shares, and thus, there is no benefit to seek confirmation of ownership of the instant shares separately against Defendant B.

If a person who has entrusted a shareholder’s name with respect to the shares before the issuance of share certificates terminates a title trust agreement with the trustee, the shareholder’s right to the shares is returned to the title truster solely by the declaration of termination. In such a case, if a shareholder’s name recorded in the register of shareholders contests a substantial shareholder’s right, the actual shareholder against the shareholder’s name on the register of shareholders.

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