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(영문) 부산지방법원 2014.05.01 2013가단44085

주주확인

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The relationship between the parties and the Defendants are those of Nonparty D’s own consciousness, who died on November 11, 2003, and were punished.

B. The network’s E operation and Plaintiff’s E establishment 1) from around 1980 to “E” engaged in the manufacturing of hardware. On April 2, 1983, the network’s factory located in the Busan Seo-gu Busan (hereinafter “G factory”).

The acquisition of D’s shares (the registration of co-ownership of 4/5 and 1/5 in the beginning of each party and each of the plaintiffs was completed) was transferred to D on August 31, 198 due to the transfer of the Plaintiff’s 1/5 shares to D on the grounds of donation.

(2) On December 1, 198, the Plaintiff began manufacturing business of shipbuilding machinery, etc. with the same trade name as “E,” which was operated by the network D at H in Busan, the Plaintiff started on December 1, 1988, but on May 29, 1989, the Defendants, instead of moving the network-owned G factory to the network-owned G factory, had the Defendants work in the above case, in lieu of moving the business to the network-owned G factory around May 29, 1989.

C. 1) E is converted into a stock company on April 22, 1996 and its capital amounting to KRW 100,000,000 (hereinafter “I”).

(2) At the time of its establishment, the Plaintiff’s representative director, the Defendants’ respective directors, and the network D were appointed as auditors. 2) At the time of its establishment, 10,000 common shares of KRW 5,00 (50%) were issued. At the time of its establishment, the Defendants’ respective 3,00 shares (15%), 1,000 shares (5%), 1,000 shares (5%), 1,000 shares (5%) in the Plaintiff’s wife, 1,000 shares (5%) in the Plaintiff’s wife, 1,000 shares (5%) in the Defendant’s wife, and 50 shares in the Plaintiff’s wife and the Defendants’ respective 5,00 shares (2.5%) were either transferred to the Plaintiff and the Defendants’ respective 10,000 shares (15%) in the Plaintiff’s respective list, 300% shares (1,500%) in the Plaintiff’s respective 1,500 shares (165%) in the Defendants and 30500% shares (16.