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(영문) 청주지방법원 2018.09.21 2018가합3134
주식명의개서절차이행 등 청구
Text

1. The plaintiff's action against the defendant B shall be dismissed.

2. Defendant C Co., Ltd. shall enter the Plaintiff and the attached list, respectively.

Reasons

1. We examine the legitimacy of the lawsuit against the defendant B ex officio on the legitimacy of the lawsuit against the defendant B.

If a person who has entrusted a shareholder’s name with respect to the shares before the issuance of share certificates terminates a title trust agreement with the trustee, the shareholder’s right is immediately returned to the title truster, and it does not require a new legal act to transfer shares.

(see, e.g., Supreme Court Decision 92Da16386, Oct. 28, 1992). Each shares listed in the separate sheet are not issued by share certificates. When the Plaintiff terminates a share trust agreement with Defendant B, the shareholder’s rights as to each shares listed in the separate sheet are immediately returned to the Plaintiff, and a separate procedure for transfer of shares is not required for Defendant C to file a claim for transfer of ownership on the list of shareholders.

The Plaintiff’s seek to seek against Defendant B, the trustee, the transfer of each of the above shares, or notification to Defendant C that he transferred each of the above shares to the Plaintiff does not have any interest in seeking implementation thereof.

Therefore, the plaintiff's lawsuit against the defendant B is unlawful as there is no benefit of lawsuit.

2. As to each of the facts stated in the separate sheet of claim against Defendant C, Defendant C is deemed to have led to confession, since it did not clearly dispute the Plaintiff’s above assertion because it did not appear on the date of pleading without being present at the due date of pleading, even after being summoned due to lawful summons not by service by public notice.

Attached Form

Each of the shares listed in the list is owned by the Plaintiff, and Defendant B is merely a nominal shareholder.

As the plaintiff terminated the title trust of the defendant B by the delivery of the complaint in this case and restores the rights of the shareholders as to each of the above shares, the defendant C Co., Ltd. has the procedure to change the name of shareholders as to each of the shares listed in the separate sheet to the plaintiff.

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