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(영문) 의정부지방법원고양지원 2019.04.10 2018가단10749
주주권확인 및 명의개서청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 21, 2013 for the purpose of operating a public golf course, E Co., Ltd. (hereinafter “instant company”) concluded a lease agreement between the instant company and the company established on December 25, 2016 for the purpose of operating a public golf course, and C concluded a lease agreement between the instant company and the company under which the company leased G G golf course located in the Yongsan-gu, Yongsan-gu, Busan to the instant company.

B. On March 20, 2019, as of March 20, 2019, the date of the closing of the instant case, H400 weeks (20%), C800 weeks (40%), I 400 weeks (20%) and J 400 weeks (20%) are listed on the list of shareholders of the instant company.

C. C received a decision on commencing rehabilitation procedures on August 14, 2018 in Seoul Rehabilitation Court 2018 Gohap100147, and C and D were appointed as joint managers.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiffs asserted that they are beneficial shareholders of the shares of this case, and the defendant is arguing that they are beneficial shareholders, so the plaintiffs seek confirmation against the defendant that shareholders' rights of this case of the shares of this case are beneficial shareholders.

3. Determination

A. A person registered as a shareholder in the register of shareholders is presumed to be a shareholder of the company, and the person bears the burden of proving the denial of the shareholder's rights.

(See Supreme Court Decision 84Meu2082 delivered on March 26, 1985). B.

The evidence submitted by the plaintiffs alone is insufficient to recognize the fact that the plaintiffs are the substantial shareholders of the shares in this case, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the overall purport of the arguments in Gap evidence 3, 5, and Eul evidence 1 (including additional numbers), the plaintiff Gap entered into a contract with H to purchase 400,000 won of the shares of the company of this case between H on June 29, 2017, and remitted KRW 2,00,000 to H on July 6, 2017, and the plaintiff Eul remitted KRW 2,00,000 to K on July 5, 2017; the plaintiffs trusted 40,00 shares of this case to the plaintiffs on July 18, 2017; and C is a substantial shareholder of the shares.

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