logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2019.06.12 2018가합106806
주주권확인 및 명의개서절차이행
Text

1. The Plaintiff’s claim for the performance of the transfer procedure against Defendant C is dismissed.

2.Annex.

Reasons

1. Facts of recognition;

A. The Plaintiff is an in-house director of Defendant B’s children and Defendant C (hereinafter “Defendant C”).

B. Defendant C was established on August 28, 2008, and the total number of outstanding shares is KRW 10,000 per share ( KRW 5,000 per share, KRW 50 million per share).

C. On May 6, 2008, Defendant B deposited KRW 80 million into a bank account under the Plaintiff’s name, and on September 5, 2008, the Plaintiff transferred KRW 50 million to a bank account under the Defendant C’s name on September 5, 2008.

On October 10, 2016, the adult guardianship for Defendant B was commenced through the adjudication of the Busan Family Court. In the above trial proceedings, the Plaintiff presented a written opinion that Defendant B is a de facto major shareholder of Defendant C.

E. As of May 30, 2018, the Plaintiff is the only internal director of Defendant C as of May 30, 2018, and is fully holding 10,00 shares of Defendant C (hereinafter “instant shares”).

[Ground of recognition] Facts without dispute, Gap 1 through 10, the purport of the whole pleadings

2. We examine the legitimacy of this part of the Plaintiff’s lawsuit against Defendant C regarding the claim for the performance of transfer procedure ex officio.

According to the transfer, etc. of registered shares, a transfer of the register of shareholders is to register the name, address, etc. of the register of shareholders of the company which accepted the shares at the request of the legitimate transferee.

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 a trustee, the shareholder’s right to the shares is returned to the title truster only by the declaration of intent of termination (see, e.g., Supreme Court Decision 2011Da109708, Feb. 14, 2013). The same is as follows.

Therefore, the plaintiff seeks implementation of the transfer procedure against the defendant C.

arrow