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(영문) 서울중앙지방법원 2015.11.03 2014가합560651
주식인도 등 청구의 소
Text

Among the lawsuits in this case, the plaintiffs' claim for confirmation of invalidity of will and the plaintiffs A's claim for confirmation of shareholders' rights against the defendant C.

Reasons

1. Basic facts

A. The plaintiff A is the spouse of E, and the defendant C, the plaintiff B and F, and G are the children of E.

B. Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company mainly engaged in tourist hotel business, etc., and Defendant C is the representative director of Defendant Co., Ltd and the Plaintiffs are employed as the inside director of Defendant Co., Ltd.

C. On January 10, 2008, E as a witness of H and I, and a notary public, with the content that “The co-ownership share of the site and building in Gangnam-gu Seoul and each real estate in K located in Seogu Daegu-gu, Seoul J, and the shares 20,000 shares of the Defendant Company (hereinafter “instant shares”) are bequeathed to Defendant C, and the shares of the Seoul Gangnam-gu L and M are bequeathed to the Defendant Company, respectively, as a testamentary document No. 5 of 2008, a notary public, with the content that “the shares of the site and building in the Seoul

(hereinafter “Notarial Deed”) D.

E died on August 18, 2010

(hereinafter referred to as “net E”). [Grounds for recognition] without dispute, each entry in Gap evidence 1 through 4

2. Summary of the plaintiffs' assertion

A. The instant notarial deed’s will is null and void as a witness without going through the procedures prescribed in the Civil Act by deeming the disqualified person who cannot be a witness under the circumstances where the network E was incapable of becoming a witness. Therefore, as the instant shares were inherited to the Plaintiffs according to their statutory shares in inheritance, the Plaintiffs seek confirmation of the shareholders’ rights of the said inherited shares against Defendant C.

B. Defendant Company is obligated to change the entry of the register of shareholders against the Plaintiffs, who are shareholders of the instant shares.

3. Determination on the legitimacy of a lawsuit

A. We examine ex officio the claim for confirmation of nullity of an authentic deed.

(1) According to the Civil Act, a testator may designate an executor by will (Article 1093); the executor of a will has the right and duty to manage the property which is the subject of the testamentary gift and to perform other acts necessary for executing the will (Article 1101); and the designated executor shall be deemed the agent of the inheritor.

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