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(영문) 서울중앙지방법원 2015.01.29 2013가합78001

주주권확인

Text

1. The shareholders' rights of the Plaintiff, Defendant D Co., Ltd. and Defendant E are the shares listed in attached Table 1.

Reasons

1. Basic facts

A. The parties concerned are those who owned the shares listed in the separate sheet Nos. 1 through 3. Defendant B is the Plaintiff’s adult guardian, and Defendant B is the Plaintiff’s special representative C is the Plaintiff’s denial and the mother of Defendant B.

B. On December 24, 2012, there was a share donation contract (Evidence A No. 9) between the Plaintiff and Defendant B, and the Plaintiff made a transfer of ownership of the instant shares to Defendant D under the name of the Plaintiff and Defendant B on the same day, with the purport that the Plaintiff donated Defendant D Co., Ltd. (hereinafter “Defendant D”) the shares listed in paragraph (3) of the attached Table No. 90.39% of the total issued shares of Defendant D Co., Ltd. (hereinafter “instant shares”). Accordingly, the transfer of ownership of the instant shares was made in the name of Defendant B.

C. Between the Plaintiff and Defendant D on December 28, 2012, there was a share sales contract (Evidence No. 11) between the Plaintiff and Defendant D on December 28, 2012 with the purport that the Plaintiff would sell the shares listed in Paragraph 1 (hereinafter “instant shares”) in the attached list No. 25,000 shares issued by Defendant E Co., Ltd. (hereinafter “Defendant E”) to KRW 2,138,760,000 per share ( KRW 95,056 per share), and the transfer of ownership for the instant shares was notified to Defendant E in the name of the Plaintiff and Defendant D on the same day, and accordingly, the transfer was made in the name of Defendant D on the instant shares.

B. On December 28, 2012, there is a sales contract (Evidence A No. 13) between the Plaintiff and Defendant D with the purport that the Plaintiff would sell to Defendant FF Co., Ltd. (hereinafter “Defendant F”) the shares listed in the Schedule No. 2 (hereinafter “instant F”) in the attached Table No. 60% of the total issued shares of Defendant FF Co., Ltd. (hereinafter “Defendant F”) to KRW 2,408,472,000 per share ( KRW 200,706 per share), and there is a sales contract (Evidence A. 13) with respect to the instant FF shares in the name of the Plaintiff and Defendant D on the same day.