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(영문) 창원지방법원 진주지원 2018.11.21 2018가합186
주식명의개서절차이행청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. In establishing a stock company on October 28, 2014, the Plaintiff trusted the name of 10,000 shareholders equivalent to 50% of the shares of the said company to the Defendant; on March 25, 2015, the Plaintiff established an agricultural company D and entrusted the name of 1,500 shareholders equivalent to 50% of the shares of the said company to the Defendant; on April 13, 2015, when establishing a stock company E, the Plaintiff trusted the name of 15,250 shareholders equivalent to 50% of the shares of the said company; and on the fact that the Defendant was registered as the shareholders of the said company, there is no dispute between the parties.

B. If a person who has entrusted a shareholder’s name terminates a title trust agreement with a 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). If the Plaintiff, the title truster, terminates the share trust agreement with the Defendant, the title truster, to the Defendant, the title truster, the right of the shareholder as to each share indicated in the separate

The Plaintiff’s claim for the transfer of title to the register of shareholders against the company by proving such fact. As such, the instant claim seeking the direct transfer of title to the Defendant, who is not a company, is unlawful as there is no benefit of lawsuit.

2. The instant lawsuit is dismissed as unlawful.

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