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(영문) 부산지방법원 2017.04.13 2016가합49422
소유권확인
Text

1. It is confirmed that the shareholder's rights for each of the shares listed in the separate sheet are against the Plaintiff.

2. The costs of lawsuit shall be.

Reasons

Facts of recognition

F Co., Ltd. (hereinafter “instant company”) is a company established on July 8, 199 for the purpose of the steel processing business, etc.

At the time of establishment, the total number of shares issued was 26,00 shares and 5,000 shares per share. The capital of 1.30,000 shares was fully invested by the Plaintiff, but the register of shareholders stated that the Plaintiff was 18,200 shares (70%) of the Plaintiff’s female students, Defendant B, the Plaintiff’s Defendant C, and the Plaintiff’s male and female G (name prior to the opening of name: H) owned shares of 2,60 shares (10%) respectively, and the share certificates were not issued.

On April 30, 2004, the instant company increased the capital of KRW 1.3 million in KRW 6.3 million (Issuance of new shares, KRW 100,000 in total number of issued shares, KRW 126,000 in total number of issued shares), and on June 12, 2008, each of the KRW 1 billion in total (Issuance of new shares, KRW 74,000 in total number of issued shares, KRW 200,00 in total number of issued shares). The shareholder registry was prepared as a result of each of the above capital increase and distributed 10% of new shares to Defendant B, Defendant C, and G.

At present, the register of shareholders is recorded as holding 140,00 shares out of the shares of the company of this case (70% of the shares issued) by the Plaintiff, Defendant B, Defendant C, and G as holding each shares [20,00 shares issued (10%) and hereinafter “instant shares] listed in the separate sheet.

G was deceased on August 10, 2016, and his heir was his spouse D and Defendant E.

【In the absence of any dispute, the Plaintiff’s assertion by the parties concerned as to the facts that there is no dispute, Gap’s No. 1, 3, and Eul’s evidence No. 2, and the purport of the entire pleadings. At the time of the establishment of the instant company, at the time of the establishment of the instant company, the Plaintiff trusted 10% shares of each 10% to

The amendment of the Commercial Act makes it possible to establish a single company, so the Defendants are disputing the title trust relationship. However, they seek confirmation that the Plaintiff has a shareholder's right in the claim of this case.

At the time of the incorporation of the Defendants’ assertion, the Plaintiff paid the shares in full.

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