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Attached Form
It is confirmed that the shareholder's rights for each shares listed in the list are the plaintiff.
2. The costs of lawsuit are assessed against the Defendants.
Reasons
1. Facts of recognition;
A. While the Plaintiff had shareholder rights of each of the shares listed in the separate sheet (hereinafter “each of the shares of this case”) in which the shares were not issued, around 200, the Plaintiff entered into an agreement with Defendant C on the shares listed in paragraph (1) of the separate sheet (hereinafter “each of the shares of this case”), with respect to the shares listed in paragraph (2) of the attached list with Defendant C, as to the shares listed in paragraph (3) of the attached list with Defendant D, as to the shares listed in paragraph (4) of the attached list, as to the shares listed in Defendant E and the attached list, as to the shares listed in paragraph (5) of the attached list, and as to the shares listed in Defendant F and the attached list (hereinafter “each of the instant title trust agreements”), and the Defendants were listed as the shareholders of each of the instant shares in accordance with
B. On July 2014, the Plaintiff notified the Defendants of the purport that “each of the instant title trust agreements is terminated. The Defendants sent a notice to the Defendants that “the name of each of the instant shares is modified in the Plaintiff’s name.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3 and 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. In a case where a person who has entrusted a shareholder’s name with respect to the shares before the issuance of the share certificate regarding the cause of claim terminates a title trust agreement with the trustee, the shareholder’s right to such shares is returned to the title truster solely by the declaration of termination of the agreement, and thus, does not need to make a separate claim for transfer of the shareholder’s right (see Supreme Court Decision 92Da16386, Oct. 27, 1992). In a case where a nominal shareholder listed in the register of shareholders contests a substantial shareholder’s right, the substantial shareholder has a benefit to seek confirmation of the shareholder’s
(Supreme Court Decision 97Da38510 Decided June 12, 1998, and Supreme Court Decision 201Da109708 Decided February 14, 2013). The above legal doctrine and the recognition prior thereto are recognized.