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(영문) 서울동부지방법원 2017.01.13 2015가단22770

주주권확인 등

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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant HH Co., Ltd (hereinafter “Defendant Co., Ltd.”) was established for real estate leasing business, construction business, etc. on June 7, 1979, and the total number of stocks generated at the time of establishment was 10,000 (1,000 per share) and the total number of issued stocks was 40,000 per share (1,000 won per share) and the total number of issued stocks was 10,000 shares (1,000 won per share) by increasing capital on June 22, 1979. The total number of issued stocks was 10,000 shares (1,000 won per share) by increasing capital on October 5, 1984, and the total number of issued stocks was changed to 20,00 shares (1,000 won per share) through the consolidation of face value around 1987.

B. Plaintiffs A, B, C, network I, and Defendant F are all children of the deceased J and Nonparty K, Plaintiff D is the children of the deceased I, and Defendant G is the children of Defendant F.

Plaintiff

Social Welfare Foundation E (hereinafter only referred to as the Plaintiff Foundation) is operated by Plaintiff C and Defendant F, and Defendant F and Nonparty K are in charge of the representative director of the Defendant Company.

C. From the total number of shares issued on December 31, 2010, the Defendant Company transferred a total of KRW 9,400 per share ( KRW 5,000 per share) in the name of Defendant F and Defendant G as follows:

(hereinafter referred to as "the entry of this case". After the entry of the number of holders prior to the entry of the transfer (5,000 won per share), Defendant F (Attached 4,00 won), Defendant G2 Plaintiff B 1,400 (Attached 1 List) Defendant G2 Plaintiff G2 Plaintiff B 1,400 (Attached 2 List) Defendant G3 Plaintiff G 3800 (Attached 3 List), Defendant F4 Nonparty L 1,600 (Attached 4,600), Defendant F5 Non-Party L 1,60 (Attached 4,5 List) Defendant F5 Non-Party L 1,60 (Attached 4,5 List), Defendant F [Attachment 1, B, 13], and the purport of the entire pleadings.

2. The parties' assertion and judgment

A. Both the establishment funds and capital increase of the Defendant Company asserted by the Plaintiffs were borne by the deceased J.

The deceased J has distributed and donated the shares of the Defendant Company to the Plaintiff A, B, C, and the Defendant F, the spouse of the Plaintiff Company, and the Defendant F at the time of incorporation or capital increase. As such, as at the time of entry of the case, the Defendant Company’s shares were distributed and donated, the total number of shares issued by the Defendant Company is 20,000 per share.