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(영문) 인천지방법원 2015.09.18 2015가합54147
주식명의 개설절차이행청구
Text

1. 12,00 shares registered in the name of Defendant B on the register of shareholders among 60,00 shares common shares of Nonparty J Co., Ltd.

Reasons

1. Indication of claim;

A. At present, the register of shareholders of Nonparty J Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) is listed as shareholders of 750 shares each among the total 60,00 shares issued by the Plaintiff as 12,750 shares, K 13,50 shares, Defendant B’s 12,00 shares, Defendant C’s 6,00 shares, Defendant D, E, and F, Defendant G, H, and I, respectively.

(hereinafter referred to as “each of the instant shares” of the non-party company’s shares registered in the name of the Defendants on the list of shareholders.

However, all of the shares of this case were the Plaintiff’s title trust with the Defendants, and only the name of the shareholders on the shareholder registry was the Defendant’s name.

C. The Plaintiff terminated the title trust agreement on each of the instant shares concluded with the Defendants by serving a duplicate of the instant complaint. Accordingly, the shareholder’s right to each of the instant shares was returned to the Plaintiff upon the Plaintiff’s declaration of termination of title trust.

Accordingly, the Plaintiff filed the instant lawsuit against the Defendants, who are shareholders on the shareholder registry of each of the instant shares, to be confirmed as the Plaintiff by the shareholder rights holder of each of the instant shares.

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deemed as private capital);

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