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(영문) 서울남부지방법원 2018.09.20 2018가단213624
주주권확인
Text

1. As to the shares listed in paragraph 1 of the attached list, Defendant C shall be the shares listed in paragraph 2 of the attached list.

Reasons

1. The following facts are true in fact that there is no dispute between the Plaintiff and the Defendants, or each entry in Gap evidence Nos. 1 through 3 (including the serial number) is recognized as the whole purport of the pleadings.

Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company established on August 9, 2005, which is 5,000 won per share, total number of issued and outstanding shares 20,000 shares, and 100 million won per share.

B. The Plaintiff is the largest shareholder and representative director who hold 12,00 shares on the list of shareholders of the Defendant Company. Defendant B and C are those who are listed as the shareholders of 6,000 shares and 2,00 shares on the list of shareholders of the Defendant Company as shown in the attached list.

C. On August 30, 2005, Defendant B and C prepared a written confirmation to each Plaintiff that “The shares indicated in the separate sheet that they are shareholders are the shares entrusted by the Plaintiff.”

A duplicate of the instant complaint containing the Plaintiff’s intent to terminate each of the above title trust relationships was sent to the Defendants on April 9, 2018.

2. According to the above facts of determination as to the cause of claim, each of the shares listed in the separate sheet in the name of the defendant B and C in the name of the plaintiff in the original list shall be deemed to have been trusted from the plaintiff to the above defendants, and each of these shareholders' rights shall be deemed to be the plaintiff, and as long as the above defendants are dissatisfied with this, they have interest in the confirmation, and as long as each of the above agreements has been terminated, the defendant company shall have the obligation to implement the procedure for changing the name of each

As to this, B and C asserted that the above Defendants still hold shareholders' rights in external relationship for the uniform processing of legal relations surrounding the corporation, but the Plaintiff’s lawsuit is not an external relationship, but a claim for the confirmation of ownership based on the internal relationship between the title truster and the title trustee. Therefore, the premise of the Plaintiff’s lawsuit is different.

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