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1. The plaintiff's main claim is dismissed.
2. The ownership of shares against the defendant among the claims of the independent party intervenor;
Reasons
1. The parties' assertion
A. On February 2, 2016, the network E (hereinafter “the Plaintiff”) that was a shareholder of the instant shares asserted by the Plaintiff (hereinafter “the Plaintiff”) died, and as such, the Plaintiff, who was the Plaintiff, succeeded to 4,181 shares among them pursuant to the court’s compulsory mediation decision (In Incheon District Court Branch Branch Decision 2016Kadan103929). As such, the Defendant is obligated to implement the transfer procedure for the Plaintiff.
B. The Intervenor asserted title trust with the Deceased on January 3, 2001, the Defendant’s 3,875 shares held by the Intervenor, and additionally held 1,50 shares to the Deceased on November 5, 201 in the form of capital increase with new shares issued on November 5, 2014, and the Deceased was registered as holding the shares in this case on the register of shareholders. The Intervenor’s application for participation in this case terminated a title trust agreement with the Deceased, and thus, the Intervenor is the Intervenor.
2. Determination:
A. Determination as to who the shareholder of the instant shares is the shareholder of the instant case can be acknowledged as follows in full view of the following facts in light of the following facts: (i) Nos. 1 through 6 evidence Nos. 1 through 8 (including each number), and witness F’s testimony. ① The Intervenor established the Defendant on Nov. 5, 1997, and appointed the Defendant as a director on Nov. 5, 1997; (ii) 5,000 shares issued and outstanding (10,000 shares per share) at the time of the establishment of the Defendant as stated in the list of shareholders’ list of shares and equity shares (hereinafter “attached share fluctuation list”).
) As described in paragraph 2-1, the Intervenor and G are recorded as acquiring each 1,500 shares, H and F respectively, 1,000 shares.
However, in fact, the intervenor paid all shares and 3,500 shares out of them were nominal trust in the name of G, H, and F.
② Since then, the Defendant’s shares were transferred to the Deceased (the Intervenor’s seat) by January 3, 2001, as indicated in the attached Table on the change of shareholder name and capital increase. In that process, 3,875 shares owned by the Intervenor were transferred to the Deceased on January 3, 2001.