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(영문) 대구지방법원경주지원 2019.07.17 2018가단12363
주주권확인
Text

1. It is confirmed that the Plaintiff is a shareholder of 20,000 shares listed in the separate sheet.

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

Reasons

1. Facts of recognition;

A. On March 18, 1999, the Plaintiff established J Co., Ltd.

J Co., Ltd. issued 20,000 common shares (hereinafter “instant shares”) at the price of KRW 10,000 per share when it was established and on March 18, 2001 at the time of its establishment.

B. The Plaintiff, as the wife of Nonparty K, held a title trust (hereinafter “instant title trust”) with four persons, such as Defendant D and K’s wife, Defendant D, the wife of Defendant C and K, the wife of the Defendant C, and K’s relative job offering network E, who are the female father of the instant shares, at the time of issuance of 20,000 shares of the instant shares, as indicated in the attached list.

C. The deceased on November 6, 2018, when the instant lawsuit was pending, died on November 6, 2018, and, as his wife, succeeded to the status of the title trustee as to the 4,000 shares of the instant shares of Defendant G, H, and I, as his wife, at the ratio of statutory inheritance.

(Legal portion of inheritance) d. 3/9, Defendant G, H, and I, respectively, 2/9.

The Plaintiff’s declaration of intent to terminate the instant title trust against the Defendants was sent to Defendant B, D on July 2, 2018, and to Defendant C on July 12, 2018, respectively, to Defendant F, G, H, and I on April 19, 2019.

(A) A. (Evidence in Records) [Based on Recognition] Defendant B, C, and I: The fact that there is no dispute between Defendant D and Defendant D: The purport of the whole pleadings and arguments as to the confessions (Article 150(3) and (1) of the Civil Procedure Act) Defendant F, G, and H.

2. If a person who entrusted a shareholder’s name with respect to the shares before the issuance of share certificates to determine the cause of the claim terminates a title trust agreement with the trustee, the shareholder’s right to the shares is returned to the title truster solely by the declaration of such termination. In such a case, if a shareholder’s name listed in the register of shareholders contests a substantial shareholder’s right, the substantial shareholder may seek confirmation of the shareholder’s right against the

Supreme Court Decision 97Da38510 Decided June 12, 1998 and Supreme Court Decision 201Da109708 Decided February 14, 2013

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