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(영문) 서울중앙지방법원 2015.11.10 2015가단5135395
주식소유확인 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant D Co., Ltd. (hereinafter “Defendant Company”) completed the registration of incorporation on August 5, 2014.

B. The shares issued by the Defendant Company are 2,000 shares, the amount per share is 5,000 won, and the capital is 10,000 won.

C. The register of shareholders of the Defendant Company stated that the Plaintiff owns 800 shares, 800 shares by Defendant C, and 400 shares by Defendant B.

(hereinafter “instant shares”) d. 800 shares in Defendant C’s name, 400 shares in Defendant B’s name (hereinafter “instant shares”).

At the time of the registration of incorporation of the Defendant Company, Defendant B and the Plaintiff were registered as the inside director of the Defendant Company, and Defendant B completed the registration of resignation of the representative director on August 22, 2014, and E completed the registration of appointment of the representative director on the same day.

[Ground of recognition] Unsatisfy, Gap evidence 3, Eul evidence 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion is a beneficial shareholder of the total number of shares issued by the Defendant Company with the total amount of KRW 10 million for the establishment of the Defendant Company at the time of incorporation of the Defendant Company. In order to avoid liability as an oligopolistic shareholder, the Plaintiff held a title trust with Defendant B, and 800 shares to Defendant C, respectively.

As the Plaintiff declared to Defendant B and C that the title trust agreement for the instant shares was terminated, the Plaintiff sought confirmation against Defendant B and C that the instant shares were owned by the Plaintiff, and sought from Defendant B and C to implement the transfer procedure for entry of ownership of the instant shares in the name of Defendant B and C.

B. (1) Determination is that a person registered as a shareholder in the register of shareholders is presumed to be the shareholder of the company, and that person has the burden of proof to reverse that person’s shareholder right, so that the name of the shareholder in the register of shareholders was trusted and that person who is the nominal shareholder has a separate shareholder.

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