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(영문) 수원지방법원 2017.11.08 2017가단524565
주주권 확인 등
Text

1. Shares 5,500 shares in Defendant B, among registered common shares of KRW 5,00 in face value issued by Defendant D Co., Ltd.

Reasons

In full view of the overall purport of the statements and arguments set forth in subparagraphs 1 through 4 above, Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company engaged in packing, buffer area manufacturing, and sales business. The Plaintiff is the representative director of the Defendant Co., Ltd.; Defendant C was an auditor of the Defendant Co., Ltd.; the Plaintiff paid the total amount of shares issued in the process of establishing the Defendant Co., Ltd. on December 18, 1998; and the Plaintiff registered 2,500 shares in title trust with Defendant Co., Ltd. and registered in the register of shareholders on September 16, 200; thereafter, 5,50 shares in title trust with Defendant Co., Ltd were increased to 5,50 shares for new shares issued by it on September 16, 200; the Plaintiff registered in the register of shareholders under title trust with Defendant B around 201; and the fact that a duplicate of the complaint of this case, including the intent to terminate each of the above agreements, was delivered to Defendant Co., Ltd.

According to the above facts, each shareholder of the shares listed in Paragraph (1) of this Article is the plaintiff (see, e.g., Supreme Court Decisions 2010Da22552, May 26, 2011; 201Da109708, Feb. 14, 2013); as long as the defendant C and B are disputing this, the plaintiff has a benefit to seek confirmation; and the plaintiff has terminated the share trust agreement with the defendants, the defendant company is obligated to implement the transfer procedure by changing the name of the shareholder as to each of the above shares to the plaintiff.

The plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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