logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.09.30 2015가합69337
주주 확인
Text

1. Attached list A between the Plaintiff and the Defendants.

shares in the name of the defendant B as stated in the paragraph and the attached list B.

(b).

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) is a company established on May 20, 2003 by the Plaintiff for the main purpose of manufacturing semiconductor facilities and selling parts thereof.

B. However, on November 27, 2012, the Plaintiff and Defendant B entered into an agreement with the following purport: “The Plaintiff’s shares of 48,00 common shares of D, which the Plaintiff held in title trust with Defendant B, shall be managed as a trustee; Defendant B shall not be entitled to assert the ownership of the said shares against the Plaintiff and the third party. The Plaintiff may terminate the title trust and demand the return of the shares trusted, and Defendant B shall comply with the Plaintiff’s request. When the tax amount arising from the title trust of shares arises, all of the liability for the tax amount arising from the title trust of shares shall be paid to the Plaintiff, and the Plaintiff shall be paid to the Plaintiff if Defendant B is liable to pay the tax related

In addition, on October 2, 2014, the Plaintiff drafted a written agreement between Defendant C, stating that “The Plaintiff’s shares held in title trust with Defendant C are as follows (the following common shares: D’s 43,200 shares); Defendant C or the real shareholders are the Plaintiff. In the retirement of Defendant C, the above shares held in title trust with the incorporation of the corporation are transferred to the Plaintiff, and all rights of the shareholders, such as preemptive rights and dividend rights, shall be reverted to the Plaintiff; and no demand shall be made in the movement of funds necessary to return the said shares.”

C. As of July 6, 2015, the register of shareholders of D as of July 6, 2015 is listed as the Plaintiff as 64,000 shares, Defendant B as 48,00 shares, Defendant C as 43,200 shares, and E as 4,80 shares.

The Plaintiff’s declaration of intent to terminate a title trust agreement with respect to each of the above shares entered in the name of the Defendants to the Defendants was sent to Defendant B on October 28, 2015, and to Defendant C on November 17, 2015, respectively.

[Grounds for recognition] Defendant B:

arrow