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(영문) 서울동부지방법원 2019.05.10 2018가단143999
주주권확인
Text

1. It is confirmed that the shareholder rights of the shares listed in the separate sheet were against the Plaintiff.

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

Reasons

1. Determination on the cause of the claim

A. The Plaintiff is originally owned by the Plaintiff, and thus, the title trust agreement was terminated by the delivery of a duplicate of the instant complaint, and sought confirmation that the said shares are the Plaintiff.

The plaintiff was appointed as the representative director of Co., Ltd. (hereinafter referred to as the "Non-Party Co., Ltd.") on April 24, 1999 and has been in office until now. The non-party Co., Ltd's shares were 10,000 shares on the ground of sale and purchase around December 26, 2001, and 5,00 shares on the ground of capital increase with new shares (the total of 15,00 shares was 15,00 shares at par value around May 14, 200), and 150 shares (the total of 15,00 shares was 150 shares at par value at par value on May 14, 200), and the purport of the agreement to acquire shares was either 200,000 shares or 350 shares as the total of the plaintiff's shares issued on September 23, 2003, and all of the above shares were not subject to dispute at the general meeting of shareholders held by the defendant Co. 1, Ltd.

According to the above facts, the shares of this case were held in title trust with the defendant as the owner of the plaintiff, and the right to the shares was returned to the plaintiff by the plaintiff's declaration of termination of the title trust agreement.

As such, the Plaintiff is entitled to shareholders' rights for the shares, and as long as the Defendant contests this issue, the Plaintiff has a benefit to seek confirmation.

B. As to this, the defendant on December 15, 2001, 10,000 shares out of the shares of this case from the plaintiff from the plaintiff on December 15, 2001 shall be KRW 10,800 per share.

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