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(영문) 대법원 2019.07.24 2015다69112
주주총회결의무효확인등
Text

All appeals are dismissed.

The costs of appeal are assessed against Plaintiff A.

Reasons

The grounds of appeal are examined.

The allegation in the grounds of appeal is nothing more than disputing the selection of evidence and fact-finding which belong to the lower court’s full power as a fact-finding court, and it cannot be a legitimate

Furthermore, in order for a person registered as a shareholder in the register of shareholders to be presumed as a shareholder of the company and reverse this, there is a burden of proof on the part of denying shareholder rights (see Supreme Court Decision 2007Da51505, Mar. 11, 2010). The evidence submitted by the Plaintiffs alone cannot be deemed as proving that Defendant D, E, and F, which are recorded as a shareholder in the register of shareholders, was sufficient to reverse the presumption that Plaintiff C is a shareholder of the Defendant C, and therefore, the lower court did not err by misapprehending the facts contrary to logical and empirical rules, contrary to what is alleged in the grounds of appeal.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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