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(영문) 서울중앙지방법원 2019.04.25 2018가합563207
주주권반환
Text

1. The Plaintiff confirms that it is a shareholder of the shares listed in the separate sheet.

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

Reasons

On June 26, 1997, the Plaintiff asserted as to the cause of the claim under each title trust with the Defendants’ shares of E Co., Ltd. (hereinafter collectively referred to as the “instant company”). Since the title trust on the shares listed in the separate sheet was terminated by delivery of a copy of the instant complaint, the Plaintiff sought confirmation of the shareholders’ rights against the Defendants.

Judgment

If a person who has entrusted a shareholder’s name with respect to the shares before issuance of share certificates 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 termination of the agreement. In such a case, if a shareholder’s name listed in the register of shareholders substantially contests shareholder’s rights, the substantial shareholder has a benefit to seek confirmation of shareholder’s

(2) On June 26, 1997, the Plaintiff: (a) contributed KRW 510 million to the incorporated capital of the instant company on June 26, 2017; (b) held each title trust of KRW 14,790 among the shares of the instant company; (c) and (d) KRW 2,50 out of the shares of the instant company to Defendant C; and (d) after March 31, 2015, the Defendants prepared a certificate of title trust of shares indicating the aforementioned details to the Plaintiff on March 31, 2015, the fact that each of the items of evidence Nos. 1, 2, and 3 were either disputed between the parties, or recognized by the purport of the entire pleadings; and (e) it is evident that a duplicate of the complaint stating the intention to terminate each of the instant title trust was served on each of the Defendants on September 14, 2018.

According to the above facts of recognition, the plaintiff is deemed as a shareholder of the shares listed in the attached Table unless there are special circumstances.

The Defendants did not pay dividends, etc. in return for each title trust of this case even though the Plaintiff agreed to pay them.

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