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Reasons
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(영문) 서울북부지방법원 2014.11.28 2014나3878
주식반환
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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. E (Death on May 13, 1987) had a child G (Death on June 18, 201), H, I, J, and K as his child between F (Death on June 18, 201), and H (Death on January 200) had L and the Defendant as his child. The J (Death on March 10, 201) had a child, and the Plaintiff and the Defendant as his child between the Plaintiff and the wife (Death on March 10, 201).

B. On October 29, 1970, E established N Co., Ltd. (O in the Republic of Korea; hereinafter “O”) and served as a representative director, and resigned on April 30, 1987, and E used as a representative director from that time, H was in office as the representative director ofO, and L is in office as the representative director ofO from January 27, 200, which was after L’s death.

C. As of December 31, 1986, E held 1,00 shares out of the total of 2,00 shares issued by O, H 70 shares, and F (K’s notes) and M (K’s notes) respectively, as of December 31, 1986.

(Plaintiffs asserted that in the preparatory document dated April 15, 2014, H transferred 1,700 shares to itself immediately after the death of E. (2) O increased 3,00 shares of O on August 21, 1987 after the death of E.

(3) As of December 31, 1987, H held 3,000 shares out of the total of 5,000 shares issued O, L acquired 3,00 shares all of the above shares as the H died.

(4) According to LA 3,00 shares, J 1,690 shares, F (E) shares, and M (K) shares 155 shares of the O. M transferred 155 shares to the Defendant on December 13, 2004. According to the Statement of Change of Stocks, etc. in 2005, J transferred 1,690 shares to the Defendant on November 21, 2005, and F donated 155 shares to the Defendant.

With respect to the change in the shares of paragraph (4) above, the J shall determine the transfer value of KRW 1690,000 per share in its own name between the Defendant and the Defendant on November 2005 (10,000 per share) and transfer the same to the Defendant, but the Defendant shall pay in cash the transfer value of KRW 16,90,000 at the same time as the contract is concluded.

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