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(영문) 서울중앙지방법원 2014.10.30 2013가합530189
주주권확인
Text

1. Attached sheet by the Plaintiff

1. Ascertainment that the “holding shares” in the list is a shareholder of each shares indicated therein.

2...

Reasons

1. Determination as to claims against Defendant B, C, D, and E

A. Facts of recognition 1) The Plaintiff established a J Co., Ltd. (hereinafter “J”) in 1967 and serves as the representative director of the J.

B) K is the Plaintiff’s wife, and Defendant E is the Plaintiff’s wife, and Defendant E died on November 10, 2012.

Defendant D is the wife of K, and Defendant B and C are the children of K.

2) The Plaintiff held a registered common share of KRW 5,00 per share issued by J, and held a title trust of KRW 1,800 per share and KRW 6,300 each of the above shares to K in 1987, and Defendant E in title trust of KRW 6,300 per share. [The each entry of subparagraphs 1 through 4, and the purport of the entire pleadings as to the recognition.]

B. In 1987, the Plaintiff held the title trust of the said shares 1,800 shares and 6,300 shares to the Defendant E, respectively.

On November 10, 2012, K died on November 10, 2012, there was Defendant D, Defendant B and C, who is the wife of K.

The copy of the complaint of this case containing the Plaintiff’s declaration of termination of each title trust agreement with Defendant B, C, D, and E, a title trustee or his heir, was served on the said Defendants.

Therefore, each of the above title trust agreements was lawfully terminated, and the plaintiff attached thereto.

1. The term “holding shares” in the list can be deemed as a shareholder of each of the above Defendants’ shares.

However, since the above defendants' whereabouts cannot be confirmed, the plaintiff has a benefit to seek confirmation as a shareholder of the above shares in order to exercise shareholder's rights as to the above shares.

2. Determination as to the claim against Defendant F, G, H, and I

A. The Plaintiff’s assertion 1 of the parties concerned held that 4,80 shares of J were trusted to her friendly job offering L in 1987.

After that, Defendant F, G, H, and I received inheritance due to the death of L, and the Plaintiff terminated the title trust agreement with the said Defendants.

Therefore, the plaintiff

1. The “stocks held” in the list can be said to be a shareholder of the said Defendants’ holding of each of the said shares.

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