(영문) 서울중앙지방법원 2017.02.09 2016가합531503

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(영문) 서울중앙지방법원 2017.02.09 2016가합531503

주주명의개서절차이행

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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. Since 1999, the Plaintiff, as a dentist, operated the business of selling dental materials via the Internet with the domain name D.

B. When sales have increased due to the above business, the Plaintiff established C (hereinafter “instant company”) with capital of 30 million won on October 14, 2009, and the Plaintiff held 210,000 shares among the total number of outstanding shares which are 100,000,000 shares and 90,000 shares, respectively.

C. The Defendant, as the Plaintiff’s wife, worked for the instant company from May 2010, and on December 26, 201, transferred 65,000 shares out of 2.10,00 shares owned by the Plaintiff to the Defendant’s name.

The defendant was appointed as the representative director of the company of this case on May 1, 2012.

E. The instant company increased capital of KRW 500 million on January 2013 in order to obtain permission for wholesale business of pharmaceutical products, and the Defendant owned KRW 2,744,00 among the increased shares of KRW 5 million, and the Plaintiff owned KRW 2,256,00 each of them.

(Plaintiffs 2,401,00 on the register of shareholders, Defendant 2,809,00 on the register of shareholders). [Grounds for recognition] A without dispute, entry in Gap evidence 1, 4, 5, 6, 8, 9, and the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff’s shares 2,744,00 shares (which are the shares listed in the attached Form list; hereinafter “instant shares”) out of the shares of the instant company owned by the Defendant are the borrowed-name shares owned by the Plaintiff and owned in the name of the Defendant, and that the Defendant asserts that it is necessary to seek confirmation as the instant lawsuit, since the Plaintiff actually paid the shares and claims ownership.

As to this, the defendant asserted that the shares of this case were donated to the defendant and thus, the plaintiff's assertion is unreasonable.

3. Determination

A. 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 bears the burden of proving the denial of the shareholder's rights.

Supreme Court Decision 201Da1448 delivered on March 26, 1985

유사 판례

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