주식인도청구
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The status of the parties and interested parties E (the trade name was F at the time of its establishment, and several changes were made thereto; hereinafter “E”) was established on March 9, 2005 as a company for the purpose of manufacturing medicines using plant stem cells. The co-defendant B of the first instance trial (hereinafter “Co-defendant”) and the Defendant C were co-representatives from the time of its establishment to April 10, 2007, respectively, from March 27, 2007 to April 10, 2009, and each of their respective representative directors was in charge of each of them.
After the resignation of the representative director of E on October 27, 2012, Defendant C alone takes charge of the representative director of E.
Defendant D is a researcher of E and a shareholder of E.
In around 1968, the G Educational Association was established by H pastors, and approximately 400 churches, such as J Educational Association, are religious organizations to which the I Educational Association belongs, and registered as an incorporated association on April 2009. B is the head of the I Educational Association, and the defendant C is the head of the J Educational Association.
The plaintiff is a non-profit incorporated association with the aim of international youth exchange projects, etc., and is actually operated by the GGG. B has been in charge of the plaintiff's representative director from June 1, 2001 to June 1, 2004, and thereafter until October 23, 2012.
B. On April 27, 2005, the Plaintiff entered into a share donation contract between the Plaintiff and the Defendant C and K with the content that the Plaintiff received 6,000 shares of E from the Defendant C, and on April 28, 2005, with the content that the said 4,000 shares of E were donated from K (hereinafter “each of the instant gift contracts”). Article 3 of each of the instant gift contracts is revoked when the pertinent organization (the Plaintiff) is liquidated or dissolved, and the donee shall return the entire shares to the donor.