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(영문) 서울중앙지방법원 2015.08.25 2015가합502126
주주권확인 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 13, 2004, D Co., Ltd. (hereinafter “D”) was changed to KRW 300,000,000 of its capital stock, and KRW 30,000 of its outstanding shares (amount of KRW 10,000 per share) and was established for the purpose of multimodal transport mediation, vessel, aircraft brokerage, etc., and on April 6, 2012, the company was changed to KRW 500,000 of its capital stock, KRW 50,000 of its issued shares, and KRW 50,000 of its total issued shares.

B. D has served as a representative director and resigned, and the Plaintiff served as the representative director from May 20, 2014.

E is a director of D as the Plaintiff’s spouse, F is a D’s auditor, and Defendant C is a spouse of Defendant B.

C. The shares of Defendant B are 13,000 shares (43.3%) and F are 16,50 shares (5.00%) and 500 shares (1.67%) held by Defendant C after the capital increase in 2012, the register of shareholders is entered that the Plaintiff holds 15,00 shares (30.00%), Defendant B’s 13,00 shares (26.00%), E E, 5,000 shares (10.00%), F is 16,50 shares (3.00%), and Defendant C holds 50 shares (1.00%).

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Plaintiff: (a) held 13,00 shares out of D shares that the Plaintiff owned 100% to Defendant B and 500 shares to Defendant C respectively; (b) terminated the title trust with the Defendants by filing the instant lawsuit, and each of the said shares were restored to the Plaintiff; (c) accordingly, the Plaintiff filed a claim against the Defendants for confirmation of the ownership of the said shares.

3. Determination

A. A person who is 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 who is presumed to be a shareholder in the register of shareholders bears the burden of proving the denial of his/her shareholder's rights. Thus, in order to assert that the name of the shareholder in the register of shareholders was trusted and that the person is a nominal shareholder, a third party, who is not a shareholder in the register of shareholders, is required to prove the fact of borrowing the name in the register of shareholders (see, e.g., Supreme Court Decision 84Meu2082, Mar. 26, 1985).

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