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(영문) 서울중앙지방법원 2015.10.21 2013가합73839

주식양도 등

Text

1. Of the common shares of KRW 5,000, the Plaintiff A is a shareholder of KRW 11,33 and KRW 11,33 of Plaintiff B.

Reasons

1. Basic facts

A. The deceased F was the representative director of E Co., Ltd. (hereinafter “E”) and was the Defendant as his child between G and G, and the Plaintiffs were their children between G and C, and died on December 19, 2012 after the divorce with C.

B. On March 8, 2011, the networkF established a non-party company for the purpose of “sale, lease, and sale of housing and commercial buildings” and actually operated the non-party company.

However, at the time of its incorporation, H (the type of the deceased F) was registered as the representative director of the non-party company, and the network F was registered as the representative director of the non-party company from April 12, 2012 to October 19, 2012, and I (the network F F F F F F) was registered as the new representative director of the non-party company on October 19, 2012.

C. At the time of incorporation, the Defendant (the age of 23 years at that time) held 12,000 shares and 8,000 shares of the non-party company among the total 20,00 shares (the face value of 5,00 shares per share) respectively.

After that, on April 12, 201, the shares of the non-party company were 60,000 shares of the non-party company through capital increase by issuing new shares on April 12, 201, and on December 31, 2011, as of December 31, 201, the non-party company held 1,00 shares of the non-party company: (i) K (net F) 9,00 shares; (ii) the Defendant 20,000 shares; (iii) the JJ 17,00 shares; and (iv) L (the Defendant’

(However, the “Minutes of the Temporary General Meeting of Shareholders” of the non-party company, drafted as of April 11, 201, stated to the effect that “The J and the Defendant intended to apply for proportional distribution of shares on March 14, 201 by a resolution of issuance of new shares, but did not accept each of 9,000 shares, thereby treating forfeited rights and approving the forfeited 18,00 shares as acceptance of all forfeited shares.”

The networkF died on December 19, 2012, and the defendant registered himself as the representative director of the non-party company on January 10, 2013, using a certificate of personal seal impression, resignation certificate, etc. that I had issued to the networkF in advance.

(E) The date of resignation of I on the register and the date of the Defendant’s assumption of office are written as “the date of December 10, 2012.” E. The date of preparation between the Defendant and L becomes “the date of December 25, 2012.”