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(영문) 수원지방법원성남지원 2020.01.09 2018가합408608
주주권확인 청구의 소
Text

1. It is confirmed that the Plaintiff is a shareholder of each share listed in the separate sheet between the Plaintiff and the Defendants.

2...

Reasons

1. Basic facts

A. L Co., Ltd. (hereinafter “instant company”) is a company engaged in the manufacture and sales of plastic products. The Plaintiff is a representative director of the instant company and the Plaintiff currently holds 107,640 shares of common shares (4.85% of the total number of issued shares) on the register of shareholders of the instant company.

B. The Defendants are shareholders on the list of shareholders of the instant company, and as of the date of closing the argument in the list of the instant company, Defendant B owned 53,760 shares of common shares, Defendant C’s common shares, 6,900 shares of common shares, and the remaining Defendants owned 7,200 shares of common shares as of the date of closing the argument in the register of shareholders (Evidence A 3).

(2) Each of the shares listed in the Defendants’ name (hereinafter referred to as “instant shares”). [Grounds for recognition] did not dispute, entry in Gap evidence Nos. 1, 2, and 3 (including virtual numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff deemed that the instant shares were trusted to the Defendants, and the Plaintiff, around 2016, cancelled a title trust agreement with the Defendants, sought confirmation of the Plaintiff’s rights.

B. The Defendants were provided with part of the acquisition fund of the instant shares from the Plaintiff, and only prepared a certificate of title trust confirmation as security, and are the actual shareholders of the instant shares.

3. We examine the following facts or circumstances, which are acknowledged by adding the whole purport of the pleadings to the statements in Gap evidence Nos. 6 and 9, namely, ① Defendant B, E, F, H, I, and J, Defendant D, January 8, 2016, Defendant G, and K, respectively, “The shares of this case under the name of the defendant are the shares under a title trust with the plaintiff, and the true owner is confirmed to be the plaintiff.” ② The defendants prepared the written confirmation of title trust of shares; ② At the same time, the defendants cooperate with the transfer of title after cancelling the title trust of the shares of this case under the name of the defendant.”

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