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(영문) 부산지방법원동부지원 2019.04.25 2017가합106465

주권인도청구

Text

1. Of the instant lawsuit, the part regarding a claim for the performance of the transfer procedure cooperation is dismissed.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. The Plaintiff is a child between the deceased C (hereinafter “the deceased”) and D, the former wife of the deceased, and the Defendant is a child between the deceased and E.

B. On September 10, 1993, F Co., Ltd. (hereinafter “F”) was established through H’s asset investment, etc. on April 7, 2007 by a private business chain established by the deceased. At the time of its establishment, shares in the Plaintiff’s name were 458,280 shares, shares in the Defendant’s name were 113,530 shares, and shares in the Defendant’s name were 113,530 shares in the name of the Plaintiff and the Defendant on the register of shareholders. The status of the change in the Plaintiff’s shares held by the Plaintiff and the Defendant on the register of shareholders is as shown in the attached Table 2 (as seen in the foregoing share change status, at the face value of 113,530 shares in the Defendant’s name at the time of its establishment, at the time of its establishment, the share certificates were issued).

C. On November 21, 1990, I issued new shares of 90,000 shares in the name of the Plaintiff, 60,000 shares in the name of the Defendant, and 30,000 shares in the name of the Defendant, and the Defendant currently holds 90,740 shares, including the above 30,00 shares in the name of the Plaintiff.

around August 19, 1994, N Co., Ltd. (OO, but the trade name was changed as above on December 3, 2008) was established through investment in the assets of O Co., Ltd. under the joint name of the Plaintiff and the Defendant. As of the end of 1994, the shares in the Plaintiff’s name were 170,642 shares, and shares in the Defendant’s name were 182,558 shares, including 14,742 shares in attached Table 1 List 3, and shares in the Defendant’s name were 145,42 shares in the Plaintiff’s name on the register of shareholders as of December 31, 2016, and shares in the Defendant’s name were 207,758 shares in the name of the Plaintiff as of December 31, 2016.

【In the absence of dispute, it includes the evidence of Gap 1, 16, Eul 1 through 3, 10, 11, 22 through 24.