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(영문) 서울중앙지방법원 2019.04.12 2018가단5245415
주주권 확인 등
Text

1. B between the Plaintiff and Defendant B, one of the common shares of Defendant C’s issuance, 4,860 shares.

Reasons

1. Facts of recognition;

A. The Plaintiff held title trust with Defendant B with common shares 4,860 shares issued by Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”). The shareholder registry of the Defendant Co., Ltd. entered the name of the Defendant Co., Ltd. as Defendant B.

B. Upon the service of the duplicate of the instant complaint, the Plaintiff expressed to Defendant B the intent to terminate the title trust on the instant shares, and the duplicate of the instant complaint was served on Defendant B on December 11, 2018.

C. Ordinary shares of the Defendant Company were not issued.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3, purport of whole pleadings

2. If a person who has entrusted a shareholder’s title with respect to the shares held before the issuance of the share certificate terminates a title trust agreement with the trustee, the shareholder’s right to the shares shall be returned to the title truster only by the declaration

In such cases, where a nominal shareholder in the form listed in the register of shareholders substantially contests shareholders' rights, a substantial shareholder has a benefit to seek confirmation of shareholders' rights against a nominal shareholder in the register of shareholders.

(see Supreme Court Decision 2011Da109708, Feb. 14, 2013). According to the above facts of recognition, the Plaintiff was under title trust with Defendant B, but expressed his/her intent to terminate the title trust upon delivery of the duplicate of the instant complaint, and thus, the Plaintiff’s right to the shareholders of the instant case was returned to the Plaintiff.

Therefore, insofar as the Plaintiff has a shareholder's right to the instant shares, and Defendant B is disputing the Plaintiff's shareholder's right, the Plaintiff has a benefit to seek confirmation, and the Defendant Company is obligated to implement the transfer procedure for the instant shares to the Plaintiff.

3. Thus, the plaintiff's claim against the defendants is justified.

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