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(영문) 부산지방법원 2017.06.15 2016가합52220
주주확인의 소
Text

1. The plaintiff

(a) the shares listed in Appendix 1 among Defendant B;

B. The shares listed in attached Form 2 among the Defendant C each.

Reasons

1. Basic facts

A. The parties’ related Plaintiff is the actual owner of D Co., Ltd. (hereinafter “D”) and E Co., Ltd. (hereinafter “E”), Defendant B is the internal director of D, and Defendant C is the former director of E with the Plaintiff’s wife.

B. The Plaintiff established D on April 27, 1999, and increased its capital four times until December 31, 2004, and the Plaintiff issued stocks at D and paid each share price upon the increase of its capital, and acquired shares under each of the Defendants as listed below. On April 27, 1999, Defendant C6,000 capital increase on April 20, 200, Defendant C2,000 capital increase on September 6, 200, and Defendant C2,000 capital increase on September 29, 200, and the Plaintiff acquired shares under the name of Defendant C2,000 capital increase on September 29, 200 to Defendant E and 31, 204, respectively.

C. The Plaintiff and the Defendants agreed to terminate the title trust of the instant shares on December 31, 2012.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. Since the title trust of the Plaintiff’s alleged shares is terminated and the ownership of the instant shares is owned by the Plaintiff, it is sought to confirm that the shares are owned by the Plaintiff.

B. Of the shares asserted by the Defendants, some of the shares of this case must be recognized to be a contribution share, which is the cost for the Defendants’ efforts during that period.

3. Determination

A. 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 to the shares is returned to the title truster by means of the declaration of termination of the agreement.

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