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(영문) 대구지방법원 2017.06.22 2016가합208024

주주지위확인등

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1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and Defendant D are the children of Nonparty He and F, and Defendant B is the spouse of Defendant D.

Defendant C Co., Ltd. (hereinafter “Defendant C”) was registered as the company established by the network E, around October 2012, as the Defendant C’s respective shares owned by F 5,739 shares on the shareholder registry of Defendant C, the Plaintiff 3,190 shares, and Defendant D 3,815 shares, around October 2012.

(There are other shareholders, but omitted).

As of September 27, 2013, the Plaintiff and F entered into a gift agreement stating that F shall donate 1/2,869.5 shares of Defendant C’s 5,739 shares (hereinafter “instant pending shares”) owned by F to the Plaintiff (hereinafter “instant gift agreement”).

C. On October 2, 2013, Defendant D and F entered into a share purchase contract with Defendant D, including the instant dispute shares, with a view to transferring the entire amount of KRW 5,739,056,80 to Defendant C’s Defendant D, including the instant dispute shares (hereinafter “instant share purchase contract”). On October 4, 2013, F notified Defendant C of the transfer of the said shares as a certificate with a fixed date.

Accordingly, around October 18, 2013, the transfer of shareholders' shares was made in Defendant D's name with respect to the whole shares of 5,739 shares.

After that, on April 3, 2015, Defendant D donated the entire shares of 9,554 shares (3,815 shares) to Defendant B, 7,954 shares, each of which was 800 shares, and each of the remaining shares was transferred to G and H. Accordingly, each shareholder transfer was completed.

E. As to the shares of Defendant C, share certificates are not yet issued.

[Ground of recognition] without any dispute, Gap evidence 1, 2, and 3-2 (the authenticity is recognized in light of the description of evidence No. 16 and the purport of the whole pleadings as seen in the front and rear), 5, 6, Eul evidence No. 10, 15, 16, 17 (including branch numbers for those with additional numbers), and the purport of the whole pleadings

2. The parties' arguments.