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(영문) 대구지방법원 2017.10.27 2017가단102379
명의신탁해지에 따른 주주권확인 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “Nonindicted Company”) is a stock company established on November 29, 201 for the purpose of distributing, processing, storing, selling agricultural products. The Plaintiffs are both married and married and registered as a director and a representative director of the Nonparty Company A, and Plaintiff B and Plaintiff B’s Dong E are registered as the inside director of the said company.

The defendant shall be F's children in a de facto marital relationship with E.

B. The 15,600 share shares of the non-party company whose shareholder name is changed (the par value of KRW 10,000 per share) equivalent to 52%, among the shares of the non-party company whose shareholder name is changed, are owned by the Plaintiff A, the 6,000 share amounting to 20%, and the Plaintiff B, and the 8,400 share amounting to 28%, respectively, but the Plaintiff A transferred the 1,200 share shares to the Defendant around December 14, 2015, and the 6,000 share shares to the Plaintiff B around December 21, 2015.

As of the date of the closing of the instant case, 9,000 shares of the non-party company, equivalent to 30% of the shares of the non-party company, 14,400 shares equivalent to 48%, 5,100 shares equivalent to the Plaintiff A, 17% E, and 1,500 shares equivalent to 5% of the shares of the non-party company, are owned by the non-party G, respectively.

C. On February 18, 2016, the Defendant borrowed KRW 100,000 from H as a collateral an apartment house under the name of the Defendant, and transferred KRW 60,000,000 to the I account under the name of the Plaintiff B (hereinafter “Plaintiff B account”) on February 25, 2016, and KRW 12,00,000,000 to the I account under the name of the Plaintiff (Account Number K; hereinafter “Plaintiff A account”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 2, 3, and 4 (including additional numbers), the purport of the whole pleadings

2. The gist of the plaintiffs' assertion E and F are disadvantageous to oligopolistic shareholders under the tax law, so it is desirable for them to hold shares by distributed shares, and the plaintiffs independently prepared a share transfer contract without the substance of share transfer and entrusted the name of the shareholders to the defendant who is F's arche. The defendant, on the basis of this, made the plaintiffs to the non-party company.

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