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(영문) 대구지방법원서부지원 2019.02.14 2018가합52635
명의신탁계약 해지로 인한 주주권확인 등
Text

1.(a)

It is confirmed between the Plaintiff and Defendant B that the shareholder of the shares listed in the attached Table 1 is the Plaintiff.

B. The plaintiff.

Reasons

1. Facts of recognition;

A. Of the face value of KRW 10,000 ordinary shares issued by D Co., Ltd., 10,000 (attached Form 1 shares) 1,750 shares out of the face value of 10,000 shares are listed in the name of Defendant B, 1,250 shares (referring to shares listed in attached Table 2 and shares listed in attached Table 1 above, and hereinafter “instant shares”) in the name of the Defendant C’s register.

B. The Plaintiff paid the share price of the instant case, but the name of the shareholder in the shareholder registry was stipulated in the title trust agreement with the Defendants under the name of the Defendants.

C. The Plaintiff terminated the title trust agreement with the Defendants on the instant shares by serving the duplicate of the instant complaint, and the duplicate of the instant complaint was served on Defendant B on November 2, 2018, and on November 6, 2018 to Defendant C, respectively.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 7, the purport of the whole pleadings

2. According to the facts established prior to the determination, the shares of this case were held in title trust with the Defendants, and since the Plaintiff sent a duplicate of the complaint of this case to the Defendants, it shall be deemed that the Plaintiff, the title truster, returned the rights of the shareholders, and the Plaintiff, not the Defendants, the title trustee, was the shareholder of the Plaintiff. In light of the form, the Defendants, the title truster, did not comply with the Plaintiff’s request for cooperation in change of entry, and thus, there is a benefit to seek confirmation against the Defendants as the shareholder of this case.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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