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Reasons
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(영문) 부산지방법원 2017.07.19 2016가합52268
주주확인의 소
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1. The plaintiff

(a) the shares listed in [Attachment 1] among Defendant B;

B. Attached 2 List among Defendant C

Reasons

1. Basic facts

A. The relationship 1 of the parties is the actual owner of D (former trade name: E), F, G, H, H, and I. 2) Defendant B is the Plaintiff’s partner as the Plaintiff’s partner, and Defendant C is the Plaintiff’s partner as the Plaintiff’s partner, and Defendant C was currently a person who was in office as H Co., Ltd., I., I., and G’s former auditor as the Plaintiff’s partner.

B. The Plaintiff in the title trust of the shares listed in the separate sheet 1 and 2 (hereinafter “instant shares”) was each nominal trust with Defendant B from around 1997 to 2002, and with Defendant C’s shares listed in the separate sheet 2, respectively.

On December 31, 1998, on December 5, 1998, KRW 59,00, Defendant C Co., Ltd. around December 31, 2000, KRW 10,800 on February 6, 1997, KRW 200, Nov. 24, 2001; KRW 125, December 27, 2002; KRW 675, Dec. 27, 2005; KRW 4,500 around May 20, 2007; and KRW 500 on May 20, 200; and KRW 4,500 on May 20, 200; and KRW 4,500 on May 4, 200; and KRW 4,500 on May 20, 199; and KRW 50 on June 4, 200, 200.

C. The Plaintiff and the Defendants agreed to terminate the title trust agreement with respect to the instant shares on December 29, 2012.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including branch numbers for those with branch numbers) and the purport of whole pleadings

2. The parties' assertion

A. Since the title trust of the Plaintiff’s alleged shares is terminated and the ownership of the instant shares is owned by the Plaintiff, it is sought to confirm that the shares are owned by the Plaintiff.

B. Of the shares asserted by the Defendants, some of the shares of this case must be recognized to be a contribution share, which is the cost for the Defendants’ efforts during that period.

3. If a person who has entrusted a shareholder’s name with respect to the shares before the issuance of the stock certificate terminates a title trust agreement with the trustee, the shareholder against the shares.

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