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(영문) 울산지방법원 2019.07.12 2019가단103354
주주권 확인 등
Text

1. Defendant B and C shall have the face value of 10,000 common shares issued by Defendant D Co., Ltd. 1,250 shares in Defendant B’s name.

Reasons

1. Facts without dispute;

A. Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company established on June 25, 2003 for the purpose of manufacturing and selling paints and painting supplies, etc., and the Plaintiff is the representative director of the Defendant Co., Ltd.

B. On June 25, 2003, at the time of the establishment of the Defendant Company, the Plaintiff respectively held title trust with the Defendant B and C of each of the 1,250 shares out of the common shares issued by the Defendant Company (hereinafter “instant shares”).

C. The Plaintiff expressed to Defendant B and C the intent to terminate each of the above title trust agreements on the instant shares before filing the instant lawsuit.

2. If a person who has entrusted a shareholder’s name with respect to the shares before issuance of the Plaintiff’s claim, terminates a title trust agreement with the trustee, the shareholder’s right to the shares shall be returned to the title truster solely by the declaration of termination.

In such cases, where a nominal shareholder in the form listed in the register of shareholders substantially contests shareholders' rights, a substantial shareholder has a benefit to seek confirmation of shareholders' rights against a nominal shareholder in the register of shareholders.

(See Supreme Court Decision 2011Da109708 Decided February 14, 2013). According to the above facts of recognition, the Plaintiff, after having each title trust with Defendant B and C, expressed his/her intent to terminate each title trust, returned to the Plaintiff the shareholder’s right to the instant shares.

Therefore, insofar as the Plaintiff has a shareholder’s right to the instant shares, and Defendant B and C are disputing the Plaintiff’s shareholder’s right, the Plaintiff has a benefit to seek confirmation, and the Defendant Company is obligated to implement the transfer procedure for the instant shares to the Plaintiff.

3. It is so decided as per Disposition by the assent of all to accept the Plaintiff’s claim against the Defendants.

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