logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원서산지원 2019.08.22 2019가합50542
주주권 확인의 소
Text

1. It is confirmed that the shareholders' rights regarding the shares listed in the separate sheet Nos. 1 and 2 are the Plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. The Plaintiff established and operated D Co., Ltd. (hereinafter “D”) on November 5, 1996.

B. On November 5, 1996, the Plaintiff trusted 14,000 shares (ordinary shares, 10,000 shares) issued as D’s shares to Defendant B; on December 3, 1996, the Plaintiff trusted 10,00 shares (ordinary shares, 10,000 shares) additionally issued as D’s shares at the time of capital increase by issuing new shares (10,000 shares) to Defendant C.

(C) The entire shares held in title trust with the Defendants (hereinafter “instant shares”).

On May 20, 2019, a copy of the instant complaint, stating the Plaintiff’s declaration of intent to terminate the above title trust with the Defendants, was served on the Defendants.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, the purport of the whole pleadings

2. If a person who entrusted a shareholder’s name with respect to the shares before the issuance of share certificates to determine the cause of the claim 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 such termination. In such a case, if a shareholder’s name listed in the register of shareholders contests a substantial shareholder’s right, the substantial shareholder may seek confirmation of the shareholder’s right against the

(see, e.g., Supreme Court Decisions 97Da38510, Jun. 12, 1998; 201Da109708, Feb. 14, 2013). In light of the above-mentioned facts of recognition, the Plaintiff’s declaration of intent to terminate the title trust of the instant shares to the Defendants, a title trustee, has reached the Plaintiff’s declaration of intention to terminate the title trust of the instant shares. As such, the title trust of the said shares between the Plaintiff and the Defendants was legally terminated, and the said shareholders’ right was returned to the Plaintiff, the title truster.

Therefore, the Plaintiff is a shareholder of the instant shares. As long as the Defendants dispute this, the Plaintiff has a benefit to seek confirmation, so the Plaintiff’s claim against the Defendants is well-grounded.

3...

arrow