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(영문) 서울고등법원 2016.08.12 2015나2062300
주식양도 등
Text

1. Of the judgment of the court of first instance, the part against the defendant is revoked and all the plaintiffs' primary claims related to the shares are satisfied.

Reasons

1. Scope of adjudication of this court;

A. The Plaintiffs filed the following claims at the first instance court:

1) Claim related to shares (1) The primary claim is that (i) the shareholders of 11,333 share shares of E are Plaintiff A and the shareholders of 11,33 share are the plaintiffs, and (ii) notify the plaintiffs of the transfer of each share to E (the primary claim related to shares) (2) the primary claim and the defendant's father F, before their death, made a donation of shares E 34,00 shares to the defendant before their death, thereby infringing the plaintiffs' legal reserve of inheritance. (ii) the defendant transferred shares of E 5,66 shares and transferred shares of E 5,66 shares to the plaintiff B, and (ii) the defendant sought notification of transfer of shares of the above shares of 11,333 shares to the plaintiff, and (iii) the defendant claimed that the primary claim related to money was transferred to the plaintiff Eul and the 11,333 share shareholders, and (ii) the defendant claimed that each of the above shares was transferred to the plaintiff, and that the plaintiff was paid to the plaintiff 17,1474,2575 shares and delay damages for the plaintiff 257.

B. The first instance court rendered a judgment that accepted the primary claim 1 and dismissed the primary claim 2 against the Plaintiffs’ stock-related claims, and did not render a decision as to the conjunctive claim on the grounds of the acceptance by the primary claim 1.

The first instance court declared that the plaintiffs' financial related claims are dismissed both the main claim and the conjunctive claim.

C. The defendant loses the defendant among the judgment of the court of first instance.

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