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(영문) 제주지방법원 2019.10.16 2018나10906
주주권확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “instant company”) is a company established on December 1, 1999 for the purpose of manufacturing, selling, etc. ready-mixed, and the total number of issued stocks is 10,000 shares.

B. From the time of incorporation of the instant company, the current status of shareholders and shares held in the register of shareholders is as listed below.

At the base point of time, around December 1, 1999, F 3,00 shares at F 3,00 shares, I 2,50 shares, H 2,50 shares, J 2,500 shares, J 2,000 shares, K 3,00 shares, G 3,00 shares, G 3,00 shares on June 17, 2003, J 4,000 shares, K 3,00 shares, K 3,00 shares, Defendant 3,00 shares, around 2006 at the end of 206 (Plaintiff's son), K 3,00 shares, K 3,00 shares, Defendant 3,00 shares, Defendant 3,00 shares, and joint Defendant 1's shares submission statement at the end of 207, D 4,000 shares, and each of Defendant 1's respective arguments at the court of first instance (including Plaintiff's fraud), Defendant 300 or 400 shares, respectively.

2. The gist of the Plaintiff’s claim is 3,00 shares registered in the name of the Defendant in the registry of shareholders of the instant company (hereinafter “instant shares”) are the shares held in title by the Plaintiff, and the Plaintiff terminated the instant title trust upon delivery of a duplicate of the instant complaint.

Nevertheless, the Defendant, while denying title trust, asserts that he himself is the legitimate owner of the instant shares, sought confirmation against the Defendant that he had ownership of the instant shares against the Plaintiff.

3. The Defendant asserts to the effect that the instant lawsuit is unlawful, inasmuch as there is no benefit in confirmation that the Plaintiff filed a lawsuit seeking confirmation of shareholders’ rights without filing a performance lawsuit claiming procedures such as transfer of holders against the Defendant.

If a person who has entrusted a shareholder's name terminates a title trust contract with the trustee, the shareholder of the shares will be the shareholder of the company.

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