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(영문) 의정부지방법원 2017.07.21 2016가단122874
증권
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The gist of the plaintiff's assertion is the true owner of the shares listed in the attached list, and the defendant has held title trust. Since the title trust agreement on the above shares is terminated, the defendant must transfer the above shares to the plaintiff.

2. The person registered as a shareholder in the registry of shareholders is presumed to be the shareholder of the company, and in order to reverse this, the shareholder’s name in the registry of shareholders was entrusted to the company, and in order to have a separate shareholder in substance as the name borrowed from the registry, the person who is registered as a shareholder in the registry of shareholders must prove that there is a separate shareholder in substance.

(Supreme Court Decision 2014Da218511 Decided December 11, 2014). According to the evidence No. 2, 2014, the Plaintiff’s register of shareholders is currently registered as a shareholder holding 6,100 shares out of 10,00 shares issued and outstanding, and as a shareholder holding 3,90 shares. According to the purport of the entire pleadings, the Defendant can be recognized as being 22 years of age around 2014, when he/she acquired shares listed in the attached list as Dirs women. However, such circumstance alone is insufficient to deem that a title trust agreement was concluded between the Plaintiff and the Defendant with respect to shares listed in the attached list, and there is no other evidence to acknowledge otherwise.

The plaintiff's above assertion is without merit.

3. The plaintiff's claim for conclusion is dismissed for lack of reasonable grounds.

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