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(영문) 서울남부지방법원 2015.12.04 2015가단217571
소유권확인
Text

1. Defendant C confirms that 80,000 shares listed in the separate sheet are owned by Plaintiff A and 10,000 shares of Plaintiff B.

2...

Reasons

1. Case summary

A. Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) was established on January 9, 2003. At the time, the amount of one share was 5,000 won and 1,000 won, among which Defendant C owned 45,000 shares and 5,00 shares.

B. On January 10, 2013, the Defendant Company (the representative director C) drafted and issued to the Plaintiff a certificate of stock custody that each of the Plaintiff keeps 5,000 common shares and 3,000 common shares (per one share) on February 10, 2013, respectively.

C. On October 1, 2013, the Defendant Company (the representative director C) drafted and issued a certificate of stock storage with the purport that it keeps 10,000 common shares (one share amount of 5,000 won) to Plaintiff B.

On April 29, 2014, the Defendant Company (Representative C) changed the par value from KRW 5,000 to KRW 500.

E. The Defendant Company did not issue the share certificates at the expiration of six months from January 9, 2013, the date of incorporation of the Company.

F. On June 7, 2006, Plaintiff A transferred 5,000 shares owned at the time of the establishment of Defendant Company to E.

[Reasons for Recognition: Facts without dispute, Gap 1, Gap 2-1, Gap 2-2, Gap 3-1, the purport of the whole pleadings]

2. Determination as to Defendant C’s defense prior to the merits

A. As to the Plaintiffs’ defense prior to the merits seeking confirmation of ownership of shares against Defendant C, even if the Plaintiffs were to obtain the confirmation of the Plaintiff, the judgment’s validity does not extend to the Defendant Company that issued the shares, and thus, the Plaintiff’s transfer of ownership to the Defendant Company cannot be a valid and appropriate means to eliminate anxietys as to the Plaintiffs’ rights or legal status, and thus, the part seeking confirmation of ownership against Defendant C in the instant lawsuit is unlawful as there is no benefit of confirmation.

B. As long as Defendant C contests the Plaintiffs’ share ownership, the Plaintiffs are affiliated with Defendant C.

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