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(영문) 대구지방법원 상주지원 2018.07.11 2018가단90
주주권 확인
Text

1. It is confirmed that the Plaintiff is a shareholder of shares listed in the separate sheet.

2. Defendant B Co., Ltd. shall be attached to the Plaintiff.

Reasons

1. Determination as to the claim against Defendant C

A. Fact 1) The Plaintiff is the Defendant Company B (hereinafter “Defendant Company”) on January 25, 2016.

(2) The shares of the Defendant Company were issued 3,00 shares per share, and the Plaintiff was registered as the shareholders of 16,170 shares, Defendant C, and E, respectively, as shareholders of 5,610 shares.

3) On February 2, 2016, the Plaintiff deposited KRW 310 million in the account of the Defendant Company as the account of the Defendant Company. [The fact that there is no dispute over the grounds for recognition, each entry in the evidence Nos. 1 through 4, and the purport of the whole pleadings.]

B. In full view of the following circumstances: (a) the Plaintiff appears to have deposited shares at the time one week from the date of establishment of the Defendant Company; (b) D and E, which are listed as the shareholder with Defendant C, appears to be a nominal shareholder; and (c) there are no circumstances such as the Defendant C paid a share price for his own name; (b) the substantial owner of the shares listed in the separate sheet in Defendant C’s name is the Plaintiff.

In addition, since Defendant C asserts that he is the owner of the above shares, the Plaintiff is also entitled to legal benefits against Defendant C to seek confirmation on the fact that he is the shareholder of the above shares.

2. Determination as to the claim against the defendant company

A. Indication of Claim: The Plaintiff’s shares listed in the separate sheet are nominally held in trust to Defendant C, and thus, the Defendant Company is obligated to implement the transfer procedure.

(b) Applicable provisions of Acts: Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act.

3. In conclusion, all of the claims of this case are justified, and it is so decided as per Disposition.

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