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1. It is confirmed that 3/5 of the shares listed in the separate sheet between the Plaintiff and Defendant C is owned by the Plaintiff.
2. Defendant.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established on October 22, 2008 in order to engage in software and system development, sales, etc.
B. At the time of incorporation of the Defendant Company, Defendant C was registered as a shareholder in the shareholder registry of the Defendant Company as an ordinary share (5,000 won per share) of the Defendant Company’s 4,000 shares (40% shares) at the time of incorporation of the Defendant Company, and is currently registered in the shareholder registry of the Defendant Company as a shareholder holding shares (36% shares; hereinafter “instant shares”) listed in the attached list.
[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings
2. Determination on the cause of the claim
A. 1) The gist of the Plaintiff’s assertion is that the Plaintiff paid KRW 20,000,000 to the Defendant Company at the time of the establishment of the Defendant Company, and thereafter, the actual shareholder of the instant shares is the Plaintiff. The Plaintiff seeks confirmation of ownership of the instant shares against the Defendant C, and sought implementation of the transfer of ownership on the register of shareholders of the instant shares against the Defendant Company. 2) The summary of the Defendant C’s assertion was trusted to the Defendant Company under the name of the Defendant C, the husband of the Plaintiff, and the substantial shareholder of the instant shares was D.
And as D died on December 2, 2015, the shares of this case were inherited to D, the heir of D, and to D, their mother-child E.
3) The summary of the Defendant Company’s assertion is the shares held in trust in the name of Defendant C, one of the members of the constituent members of the Defendant Company’s establishment. (B) Determination 1) If the shares were registered as a shareholder in the shareholder registry, the shares are presumed to be the shareholder of the company, and the burden of proof exists on the part of denying the shareholder’s rights.
(see, e.g., Supreme Court Decisions 84Meu2082, Mar. 26, 1985; 2010Da91916, Mar. 24, 2011). Therefore, the name of a shareholder in the shareholder registry is the same.