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(영문) 서울남부지방법원 2020.01.10 2019가합110026
주주권확인 등
Text

1. The part concerning the designated parties D in the lawsuit against the Defendants by the Plaintiff (Appointed Party) shall be dismissed.

2...

Reasons

1. As the plaintiff's representative party to the judgment on the main safety defense of the defendants, the plaintiff primarily asserted that the designated party D held the shares of this case in title trust with the defendant B, and against the defendants, the defendants sought confirmation of the shareholders' rights of this case and the implementation of the transfer procedure for entry into a transfer of rights. Thus, the defendants asserted that the plaintiff's lawsuit is unlawful, since it is difficult to view that the designated party cannot be the plaintiff and the plaintiff and the designated party D have a joint interest.

The designated parties can only be selected between persons having a common interest, and the common interest here means the relationship between the majority and co-litigants and the common method of attack and defense.

(See Supreme Court Decision 2003Da41548 delivered on October 15, 2004, etc.). Meanwhile, the selection of a person who has no common interest as a designated party shall be null and void even if such person is selected as the designated party, and the lawsuit instituted by such appointed party shall be dismissed.

(See Supreme Court Decision 4287Da104 delivered on January 27, 1955). Since it is difficult to view the case as having a common interest relationship between the Plaintiff and the Appointor D, there is no standing to file a lawsuit with the Plaintiff on behalf of the Appointor D, the part concerning the Appointor D in the lawsuit against the Defendants by the Plaintiff is unlawful.

2. Judgment on the merits

A. On October 23, 2017, the Plaintiff asserted that: (a) entrusted Defendant B with the product siren (E) sector; (b) on October 23, 2017, the Plaintiff established the Defendant Company; and (c) held the title trust of the instant shares to Defendant B in order to run the business related to the products of display (F).

On the other hand, the Plaintiff entrusted the siren business to Defendant B on the condition that he purchases the siren equipment separately from the Plaintiff, and supplied the siren equipment before the Defendant Company was established and the business was transferred. The outstanding amount at the time of termination of the transaction with Defendant B around October 2017.

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