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(영문) 서울남부지방법원 2014.12.24 2014가단226806
주식명의개서 등
Text

1. It is confirmed that the Plaintiff and Defendant B owned the Plaintiff’s shares listed in the separate sheet.

2. The defendant corporation.

Reasons

1. The facts underlying facts were established on June 22, 1993, and the Plaintiff acquired 2,500 shares out of 5,000 shares issued at the time of establishment. The Plaintiff, around June 30, 1995, held title trust with Defendant B, one thousand five hundred shares out of the shares acquired as above (hereinafter “instant shares”) as indicated in the attached list, and Defendant B, who was appointed as the representative director of the Defendant Company on June 22, 1995, resigned from office on March 21, 201, and the Plaintiff assumed office as joint representative director of the Defendant Company on March 21, 2014, and the Plaintiff did not cooperate with the Defendant on May 12, 2014 in the procedure of notifying the change of title to the instant shares, or in full view of the purport that there was no dispute between the parties to the instant transfer registration number or no agreement on the cancellation of title trust as to the instant shares.

2. Defendant B’s judgment on the defense prior to the merits of the instant case did not have issued the share certificates, and thus, the Plaintiff’s ownership was terminated by the title trust agreement and thus, the Plaintiff could achieve the purpose of seeking the implementation of the transfer process against the Defendant Company. Therefore, Defendant B’s assertion on the confirmation of ownership of said shares is unlawful.

However, the register of shareholders of the defendant company stated that the shares of this case are owned by the defendant B, and as long as the defendant B claims that the above shares were owned by gift from the plaintiff, and the plaintiff's ownership is disputed, the plaintiff is entitled to seek confirmation of ownership of the above shares against the defendant B. Thus, the defendant B's defense is without merit.

3. Judgment on the merits

A. According to the facts acknowledged in the above facts, the instant case is intended.

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