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(영문) 서울중앙지방법원 2016.06.03 2016가단5062760
주주권 확인 등
Text

1. Defendant B’s shares in the name of Defendant B out of the registered common shares in the face value of KRW 5,000 issued by Defendant C.

Reasons

1. Facts of recognition;

A. The Plaintiff is the representative director of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”). Of the shares issued at the time of incorporation of the Defendant Co., Ltd., the Plaintiff trusted 2,500 shares to Defendant B, and paid the said shares in full. Defendant B was registered as the shareholders of the said shares on the register of shareholders of the Defendant

B. On April 7, 2016, a duplicate of the instant complaint containing the Plaintiff’s declaration of intent to terminate the title trust agreement on the said shares was served on Defendant B.

[Ground for recognition] Unsatisfy, substantial facts in this court

2. According to the above facts of recognition, as the title trust agreement on the said shares was lawfully terminated on April 7, 2016, the shareholders' rights of the said shares were returned to the Plaintiff.

However, as long as the Defendants are legally disputing whether or not the Plaintiff holds shareholders' rights, the Plaintiff has a benefit to seek confirmation, and the Defendant Company has a duty to implement transfer procedures to change the name of the shareholder on the shareholder registry to the Plaintiff with respect to the shares whose title trust relationship was terminated.

2. Conclusion, the Plaintiff’s claim against the Defendants is justified.

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