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(영문) 서울남부지방법원 2018.08.31 2018가단222635
주주권 확인 등
Text

1. Shares 2,00 shares in Defendant B among common shares in the face value of KRW 10,000 per face value of the issuance of Defendant E, and Defendant C.

Reasons

1. Basic facts

A. Of the face value of KRW 10,000 common shares issued by Defendant E, 2,000 common shares are listed in the name of Defendant B, and 2,000 common shares are listed in the name of Defendant C, 8,000 common shares, respectively, in Defendant D’s name.

B. The above shares are all owned by the Plaintiff, and only the name of the Plaintiff was trusted to Defendant B, C, and D.

C. The Plaintiff expressed his intent to terminate each of the above title trusts against the Defendants.

【Ground for Recognition: Each entry of the facts without dispute, Gap's evidence 1 through 3 (including additional number)

2. If a person who has entrusted a shareholder’s name with respect to the shares before the issuance of share certificates to determine the cause of the claim terminates a title trust agreement with the trustee, the shareholder’s right to the shares is returned to the title truster solely by the declaration of termination thereof. In such a case, if a shareholder’s name listed in the register of shareholders contests a substantial shareholder’s right, the substantial shareholder may seek confirmation of the shareholder’s right against

(See Supreme Court Decision 201Da109708 Decided February 14, 2013). According to the facts of recognition, the Plaintiff returned to the Plaintiff the right to each of the instant shares by providing the Defendant B, C, and D with an expression of intent to terminate the title trust after the title trust of each of the instant shares. As long as the said Defendants asserted this, the Plaintiff has a legal interest in seeking confirmation of the right to each of the instant shares.

In addition, as requested by the Plaintiff, Defendant E is obligated to implement the transfer procedure by changing the name of shareholders on the register of shareholders to each Plaintiff as to each of the above shares.

3. The Defendants asserts that, notwithstanding the above facts of title trust, insofar as Defendant B, C, and D are indicated as shareholders on the shareholder registry, the above Defendants are shareholders, and thus, the said Defendants still belong to the said Defendants.

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