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(영문) 인천지방법원 2021.03.05 2020가단269823
명의신탁해지에 따른 주주권확인
Text

The shares listed in Appendix 1 attached hereto between the Plaintiff and Defendant B, and the shares listed in Appendix 2 attached hereto between the Plaintiff and Defendant C;

Reasons

If a person who has entrusted a shareholder’s name with respect to the shares before the issuance of share certificates terminates a trust agreement with a trustee, the shareholder’s right to the shares shall be returned to the truster only by the declaration of intent to terminate the trust agreement. In such a case, where the shareholder’s name in the form listed in the shareholder registry contestss the substantial shareholder’s right, the substantial shareholder has the interest to seek confirmation of the shareholder’s right against the nominal shareholder on the shareholder registry (see Supreme Court Decision 2011Da109708, Feb. 14, 2013, etc.). In light of the aforementioned legal doctrine,

In full view of the purport of each statement in Gap evidence Nos. 1 through 4 (including several numbers), the plaintiff can recognize the fact that the plaintiff trusted each of the shares listed in the separate sheet Nos. 1 through 4 to the defendants, and as long as the plaintiff expressed his intention to terminate each of the above titles of trust, the copy of the complaint of this case was delivered to the defendants respectively (Defendant B, C: November 11, 2020; November 30, 2020; November 9, 2020). Thus, each of the above titles of trust agreements is clear in the record, and it is recognized that the shareholders' rights of each of the shares listed in the separate sheet Nos. 1 through 4 were lawfully terminated on the delivery date of each copy of the complaint of this case, and returned to the plaintiff, and as long as the defendants asserted the reversion of each of the above shares, the profits to seek the confirmation thereof are also recognized.

The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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