(영문) 대구지방법원 2016.10.06 2016가합201955

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.10.06 2016가합201955

주주권확인 청구의 소

Text

1. It is confirmed that the shareholder's rights for each of the shares listed in the separate sheet were against the Plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. The Plaintiff established and operated G Co., Ltd. around April 19, 193 and held title trust with Defendant B, C, D, E, and F, respectively, from around that time to October 12, 1995.

B. In addition, the Plaintiff established and operated H around April 25, 2001, and around that time held the title trust of each of the pertinent shares listed in attached Table 2 to Defendant C and F.

C. On April 27, 2011, the Defendants drafted a written confirmation with respect to each of the shares listed in the separate sheet (hereinafter “instant shares”) on the Plaintiff, stating that “The Defendants were listed as shareholders of each of the instant shares in the shareholder registry, but did not have invested funds, and each of the instant shares in the name of the Defendants is confirmed to be all the Plaintiff.”

Then, the Plaintiff sought transfer and return of each of the shares of this case against the Defendants, but the Defendants did not comply therewith.

【Defendant D’s ground for recognition】 The remainder of the Defendants who made confession under Article 150(3) of the Civil Procedure Act: The entries in Gap evidence Nos. 1 through 17, and the entire purport of the pleading

2. According to the above facts, the shares of this case are originally owned by the plaintiff, and since the plaintiff has cancelled the title trust of each corresponding shares with the delivery of a copy of the complaint of this case to the defendants, the rights of the shareholders of this case as to the above shares were all returned to the plaintiff.

In addition, as long as the Defendants did not comply with the request of the Plaintiff to recover the rights as a shareholder, the Plaintiff would have a benefit to seek confirmation of the shareholders’ rights against the Defendants in order to file an application for change of ownership and exercise of rights against the Plaintiff.

3. If so, the plaintiff's claim of this case is with merit.

참조조문

-민사소송법 제150조 제3항

유사 판례

-대구지방법원 2017.09.26 2017가단107176

-대전지방법원 2018.02.09 2017가단216322

-서울서부지방법원 2015.11.26 2015가합31599

-서울동부지방법원 2018.12.13 2018가단100732

-서울남부지방법원 2018.12.21 2018가합1361