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(영문) 인천지방법원 2018.04.25 2018가단201176
주주권 확인 등
Text

1. Shares 5,500 shares issued by Defendant C among common shares of KRW 5,000 in face value per share issued by Defendant C.

Reasons

1. Facts of recognition;

A. Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) is a corporation that manufactures special packing materials and buffer areas, and the Plaintiff is the representative director of the Defendant Co., Ltd.

B. On December 18, 1998, the Plaintiff, at the time of incorporation of the Defendant Company, fully borne the funds necessary for the incorporation of the Defendant Company, but not less than three promoters are necessary and the promoters should accept shares, under the Commercial Act at the time of incorporation, held in title trust the Defendant B, who worked as an employee of the Defendant Company, with 2,500 shares of the Defendant Company.

C. Since then, Defendant Company’s capital increase increase to 5,500 shares due to Defendant Company’s capital increase.

According to the direction of the plaintiff, the defendant Eul transferred the above 5,500 shares to the non-party D, and he again transferred the above 5,500 shares in the name of the defendant B around 2004, and was registered as a shareholder in the register of shareholders until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, it is recognized that the title trust contract between the Plaintiff and the Defendant B exists, but the instant complaint containing the Plaintiff’s declaration of intent to terminate the title trust, was terminated by being served on the Defendant B.

However, even though Defendant B recognizes that the above shares are owned by the Plaintiff, it does not cooperate in implementing the transfer procedure following the termination of a title trust agreement. As such, the Plaintiff has a legal interest in seeking confirmation that the said shares are owned by the Plaintiff, and the Defendant Company is obligated to implement the transfer procedure to change the name of the shareholder on the register of shareholders to the Plaintiff.

B. On the determination of the Defendants’ assertion, the Defendants are legal relations surrounding a corporation even if the Plaintiff was the party who actually paid the share price with the share purchase price, etc.

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