logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 속초지원 2018.11.30 2018가단201070
주주권확인 및 명의개서청구
Text

1. It confirms that the shareholders' rights to the shares listed in the attached list are the Plaintiff.

2. The defendant shall attach attached Form to the plaintiff.

Reasons

1. Facts of recognition;

A. On May 10, 2016, the Plaintiff acquired shares listed in the separate sheet (hereinafter “instant shares”) issued by the Defendant (i.e., “Co., Ltd.” at the time, and the trade name was changed to “Co., Ltd. D” on August 11, 2016, and (ii) as of August 14, 2017) and held title trust with E.

B. On June 7, 2017, the Plaintiff terminated the above title trust agreement and confirmed that E was the Plaintiff with the ownership of the instant shares due to the termination of the said title trust around August 2017.

C. Accordingly, the Plaintiff requested the Defendant to change the name of the shareholder on the shareholder registry in relation to the instant shares, but the Defendant rejected the transfer.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. On the basis of the above findings of determination, the ownership of the shares in this case is owned by the Plaintiff, and if the person who entrusted the shareholder’s name terminates the title trust contract with the trustee, the shareholder’s right is immediately returned to the title truster, and it does not require a new legal act for the purpose of transferring shares.

(See Supreme Court Decision 92Da16386 delivered on October 27, 1992, etc.). Since the Defendant is dissatisfied with this, there is a benefit to confirm it. The Defendant is obligated to implement a transfer procedure to change the name of the shareholder in the shareholder registry to the Plaintiff with respect to the instant shares.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

arrow