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(영문) 광주지방법원 2016.06.10 2015가단46312
주식소유확인
Text

1. It is confirmed that the Plaintiff and the Defendant have shareholders' rights on the shares listed in the separate sheet.

2...

Reasons

1. Facts of recognition;

A. On October 4, 1999, the Plaintiff established C Co., Ltd. (hereinafter “C”) with capital of KRW 400,000,000 (total number of outstanding shares 40,000) and C increased capital of KRW 200,000 on December 15, 2005, and KRW 200,000 on October 19, 2009, respectively, with capital of KRW 80,000,000 and the total number of outstanding shares 80,000.

B. The plaintiff is the representative director of C, and the defendant is the auditor of C from October 16, 2009.

Plaintiff D (Plaintiff’s wife) of KRW 24,000,000,000 for total total number of shares 38,000,000 KRW 180,000 for Defendant 18,000 for total number of shares

(c) The status of holding stocks listed in C’s stockholders registry shall be as follows:

(C) The shares listed in the [Attachment List] held by the Defendant are d. (hereinafter “instant shares”).

At the time of establishment of C and at the time of capital increase, the Plaintiff entered into an agreement on title trust between the Defendant and the actual shareholder or the Defendant to the shares of this case. Accordingly, the Defendant was registered as a shareholder in the register of shareholders of C as above.

E. On October 26, 2015, the Plaintiff sent to the Defendant a certificate that contains a declaration of intent to terminate the title trust agreement with respect to the instant shares, and the said certificate reaches the Defendant around that time.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. Determination as to the cause of action

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 solely by the declaration of termination. In such a case, where the nominal shareholder listed in the register of shareholders contests substantial shareholder’s rights, the substantial shareholder may seek confirmation of the shareholder’s right against the nominal shareholder

(Supreme Court Decision 2011Da109708 Decided February 14, 2013). B.

A title trust agreement on the instant shares between the Plaintiff and the Defendant is concluded.

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