beta
(영문) 부산고등법원 2020.02.05 2017나599 (1)

주식양도

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

Reasons

Facts of recognition

H Co., Ltd. (hereinafter “H”) was established on September 26, 1975 for the purpose of agricultural and fishery products and the retail business of daily necessities, etc., and is dissolved on October 10, 1995 and currently under liquidation procedures.

Plaintiff, Defendant B, and D are children of the deceased E (Death of March 27, 200) and the deceased F (Death of April 5, 200), G is the husband of the Plaintiff, Defendant C is the wife of Defendant B, and I and J are the children of the Defendants.

The Plaintiff was a shareholder of H from January 16, 1998 to January 5, 200. Defendant B currently holds 2,360 shares of H from January 23, 2003 as a shareholder of 8,50 shares of H, and is a representative liquidator of H from January 23, 2003. Defendant C currently holds 2,050 shares of H (24.12%) and is a shareholder of H from September 30, 202 to September 30, 200, and is a liquidator of H, and I and J currently hold 20 shares of H (0.24%).

Plaintiff

The name of H issued shares was changed among the Plaintiff and the Defendant’s family members, including the process of changing the name of H issued shares, as indicated below. On April 7, 1997, Defendant B, 307, 426,30, 630, 630, 630, 630, 801, 810, 72,335,608, 753, 600, 753, 607, 6407, 694, 694, 230 G10, 408, 408, 408, 230, 108, 107, 305, 306, 407, 407, 407, 304, 230, 2308, 108, 1057, 197, 305, 1964, 197

The Plaintiff, including a dispute and settlement between the Plaintiff and the Defendants, owned 1,100 shares of H as of December 31, 199. The Defendants asserted that “The Plaintiff arbitrarily transferred the said shares to the network E on January 5, 200, Defendant B, and Defendant C on March 13, 200 without the Plaintiff’s consent, under the pretext of entrusted management of the said shares owned by the Plaintiff.”