Q
In stock title trust, what should I do if the person who lent the name does not return the stocks?
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I had an accident at work and am receiving treatment. The company says I was also careless, so I'm worried about whether industrial accident insurance applies. Also, if I receive compensation through industrial accident insurance, can I not claim damages against the company at all? I'd like to know the scope of compensation under the Industrial Accident Compensation Insurance Act.
stock title trust
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作者: 김국일
In stock title trust, if the title holder does not return the stocks, the actual owner can claim the return of the stocks through litigation.
Stock title trust is a structure in which the actual owner and the title holder differ in holding stocks, and when a dispute arises, who the actual owner is becomes the key issue.
Therefore, when the title holder claims the stocks as their own property and refuses to return them, you must have the rights confirmed through legal procedures.
The response procedure proceeds as follows.
First, proof of title trust relationship
You must secure materials that can prove the title trust relationship, such as the source of stock acquisition funds, circumstances of stock acquisition, materials related to the company establishment process, and shareholder agreements.
Second, filing a stock return claim or ownership confirmation lawsuit
If the title holder refuses to return, you can claim the actual owner status through a stock return lawsuit or stock ownership confirmation lawsuit.
Third, response to dividend and disposition issues
If the title holder has received dividends or arbitrarily disposed of the stocks, claims for return of unjust enrichment or damages can also be reviewed.
In this process, you must prove the actual ownership relationship through objective materials such as fund flows and corporate governance structure.
Daeryun, Korea's 9th largest law firm (based on 2025 National Tax Service VAT filings), supports stock title trust disputes by comprehensively reviewing stock acquisition circumstances and fund flows and systematically organizing necessary evidence to respond to stock return and rights confirmation procedures.
If necessary, we collaborate with the evidence investigation center and digital forensics center to analyze fund flows, stock acquisition circumstances, and related materials, and support securing evidence necessary for dispute resolution.
In addition, we are also reviewing additional disputes such as dividends and equity disposition together to prepare comprehensive solutions.
If you need legal response on stock title trust matters, we recommend organizing the response direction through consultation with civil specialist attorneys at Daeryun Law Firm.
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