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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 29, 2005, the Plaintiff established the Defendant Company B (hereinafter “Defendant Company”) with Nonparty D, E, and F, and at the time of incorporation, the Defendant Company’s capital amounted to KRW 50 million and the number of outstanding shares is KRW 10,000, and the Plaintiff, D, E, and F owned shares of KRW 25 percent, respectively.
B. From around December 2007, E received from the Plaintiff, D, and F the right to operate the GJE, and transferred the shares to the said Plaintiff, etc., thereby holding 1/3 of the shares of the Defendant Company, and around December 2008, the Plaintiff, D, and F changed the Defendant Company’s capital to KRW 60 million and the number of shares issued to the said Plaintiff, etc. to KRW 120,000 through capital increase with capital increase.
C. On December 15, 2008, the Plaintiff drafted an agreement on stock title trust, etc. (Evidence A 3) with the content that a notary public made the trust administrator to D, H, and I as the trust administrator under the name of the Plaintiff, the trustee as D, H, and I, and that the shares of the Defendant Company in the name of the Plaintiff are trusted to the said D, etc.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff’s assertion 1) around October 2008, the Plaintiff purchased shares of 1/3 of the total shares of Defendant Company F, which were held by F, in the purchase price of KRW 201,00,000, and the Plaintiff owned shares of 2/3 of the total shares of Defendant Company at the time of the preparation of the said agreement on December 15, 2008. (2) Defendant C, who was in de facto marital relationship with the Plaintiff, using the Plaintiff’s seal imprint certificate on June 24, 2010, forged the agreement on title trust, etc. of shares (No. 4; hereinafter “instant agreement”).
3. Therefore, the Plaintiff is the owner of 2/3 shares among the entire shares of the Defendant Company, and the Defendants are the owner of the Defendant Company, and the Defendant Company is obligated to confirm that the Plaintiff is the shareholder of the Defendant Company.