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(영문) 서울중앙지방법원 2018.05.31 2017가합532558
주주권확인 청구의 소
Text

1. It is confirmed that the Plaintiff is a shareholder of shares listed in the annex 1 list.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Basic facts

A. The F Co., Ltd. (hereinafter “instant company”) is a company engaged in manufacturing and selling, and salt processing, etc., and the Plaintiff is the representative director of the instant company and the largest shareholder who currently holds 501,940 shares of common shares on the register of shareholders of the instant company.

B. The Defendants are listed in the register of shareholders as follows: (a) as shareholders listed in the register of shareholders of the instant company; and (b) as indicated in the attached Table 1, Defendant B shall hold 9,00 shares; (c) Defendant C shall hold 7,40 shares; (d) Defendant D shall hold 68,80 shares; and (e) Defendant E shall hold common shares of 85,760 shares, as listed in the attached Table 1.

(hereinafter referred to as “instant shares”) shares registered in the name of the Defendants; (c)

On April 2017, the Plaintiff sent to the Defendants each content certification to the effect that “the title trust of the instant shares, in the name of the Defendant, is terminated and a change of holders cooperates with the change of holders,” and each of the above content certification reached the Defendants around that time.

[Ground of recognition] Gap evidence Nos. 1, 2, 3, Gap evidence Nos. 5-1 through 4, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff’s instant shares are deemed to have been nominal by the Plaintiff to the Defendants, and the Plaintiff, around April 2017, terminated a title trust agreement with the Defendants, seeking confirmation of shareholders’ rights.

B. The Defendants were provided with part of the acquisition fund of the instant shares from the Plaintiff, and as security, delivered the share certificates of the instant shares to the Plaintiff, and are the actual shareholders of the instant shares.

3. We examine the following facts or circumstances, i.e., the following facts or circumstances acknowledged by comprehensively taking into account the following facts or circumstances, Gap evidence Nos. 4-1 through 4, Eul evidence Nos. 6-1 through 4, and the overall purport of the arguments, i.e., the defendant B, the defendant C, September 4, 2012; the defendant C, the defendant D, September 6, 2012; and the defendant E, the defendant E, October 4, 2012, the shares of the company of this case, which were registered in title trust by the plaintiff. The real owner is the plaintiff.

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