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(영문) 부산지방법원 2017.11.21 2016가단352152
소유권확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) was a corporation established for the purpose of selling or leasing housing units on May 15, 2013, and issued 30,000 common shares per share at the time of its incorporation with the amount of KRW 10,000 per share.

(b) The officers of D on October 17, 2013 changed as indicated in Table 1 below, and the status of shareholders and shares in D’s list of shareholders are as listed in Table 2 below:

1-2F 2F Resignation 2F Resignation 3 G Resignation 2F Resignation Resignation, 4 Defendant B In-house Director 2, 12,00 shares shares held by shareholders No. 1 H H 12,000 shares held by shareholders No. 402,200 shares held by Defendants B 6,000 shares 20% shares 3 G 6,000 shares 20% shares held by Defendant C 46,000 shares 20% shares held by shareholders.

C. On January 9, 2015, the Plaintiff was appointed as an auditor by D.

Shares Shares 1 I 10,500 Shares 35% 20% shares B 3 G 6,000 Shares 20% 4 Defendant C6,000 Shares 20% 4 5% shares 5 H 1,500 Shares 5%

D. At the time of filing the instant lawsuit, the shareholders and shares held by D on the list of shareholders are as listed below.

[Ground of recognition] Facts without dispute, Gap 1, 2, 12, and 13 (including branch numbers in the case of additional numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the shares of this case were held in title trust to the Defendants respectively. Since the Defendants asserted that the shares of this case were held in title trust by the Plaintiff respectively, the Plaintiff sought confirmation against the Defendants that the shareholders’ right to the shares of this case was the Plaintiff.

B. 1) Determination 1) The person registered as a shareholder in the register of shareholders is presumed to be the shareholder of the company in question and, in order to reverse this, there is a burden of proof on the part of denying the shareholder's rights. Thus, in order to assert that the name of the shareholder in the register of shareholders was trusted and that of the person in title trust was a separate shareholder, the person who asserts such title trust relationship must prove the fact of the title trust. 2) As to this case, the above facts and the above facts are revealed.

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