(영문) 서울남부지방법원 2015.10.22 2014가단224503

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(영문) 서울남부지방법원 2015.10.22 2014가단224503

주식 소유권 확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 30, 2007, C Co., Ltd. (hereinafter “instant company”) was an executor established for the acquisition and sale of the D building located in China (hereinafter “instant business”) and the shipbuilding E owned 5,000 common shares issued at the time of incorporation of the instant company (hereinafter “instant shares”).

B. As of December 31, 201, the register of shareholders of the instant company entered that the Defendant owns all of the instant shares as of December 31, 201.

[Reasons for Recognition] Unsatisfy, Gap evidence 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. The Defendant asserts that the instant lawsuit against the Defendant did not have any interest in confirmation, since it was no longer a shareholder on the shareholder registry by selling the instant shares to the Manner International Tring Limited.

On the other hand, with respect to the plaintiff's assertion that he is the actual owner of 1,500 shares out of the shares of this case (hereinafter "the 1,500 shares of this case"), the defendant is asserting that the third party is the owner of the 1,500 shares of this case. The plaintiff is the legal interest in seeking confirmation of the 1,50 shares of this case, which is the dispute against the defendant by the lawsuit for confirmation of this case in order to resolve the dispute in which the 1,500 shares of this case are identical shares, and therefore, the defendant's defense of this case is

3. Judgment on the merits

A. The Plaintiff’s assertion that 1,500 states of this case owned by the Defendant is practically owned by the Plaintiff since the Plaintiff acquired them from E on December 27, 2007.

Accordingly, the Plaintiff seeks to confirm that the instant 1,500 shareholders’ right was the Plaintiff by the instant lawsuit.

B. A person registered as a shareholder in the register of shareholders is presumed to be a shareholder of the company, and in order to reverse this, the person has the burden of proving the denial of the shareholder's rights.

(See Supreme Court Decision 84Meu2082 delivered on March 26, 1985).

참조판례

-대법원 1985. 3. 26. 선고 84다카2082 판결

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