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It is confirmed that the shareholder rights of each of the shares listed in the separate sheet between the Plaintiff and the Defendants were the Plaintiff.
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Reasons
1. Basic facts
A. The pertinent Plaintiff is a person who established D Co., Ltd. (hereinafter “D”), and the Defendants are children and inheritors (each 1/2 shares) of the Plaintiff’s convicted net E (Death on October 12, 201, hereinafter “the deceased”).
B. On June 26, 1992, seven persons, including the Plaintiff and the Deceased, established D Co., Ltd. with capital of KRW 230 million, number of 23,000 per share (hereinafter the same shall apply).
D up to December 2014, with capital increase of KRW 1.1 billion, the number of 110,000 capital was changed to KRW 1.1 billion, and the number of 110,000 capital was divided into F Co., Ltd. (hereinafter “F”) around July 2007, it was changed to KRW 300,000 capital and KRW 300,000.
(2) D Shares in the deceased’s name were 4,600 shares at the time of establishment D. A total of 17,400 shares issued up to five new shares increase by 22,00 shares. As such, as a result of a corporate division, D shares in the deceased’s name were changed to 6,00 shares, and F shares were 16,00 shares, respectively (hereinafter “instant shares”).
[Ground of Recognition] Defendant B: Defendant C: A without dispute, each entry in Gap evidence 1 through 9, Eul evidence 1 through 3 (including each number), witness G, H, and I’s testimony, the whole purport of the pleading, and the whole purport of the pleading: Confession (Article 150(1) of the Civil Procedure Act)
2. As to Defendant B
A. (1) The plaintiff asserts that at the time of the establishment of D, the plaintiff independently contributed to the establishment of the company, but at the time seven promoters of the Commercial Act were required and borrowed the name of relatives, including the deceased, who are the deceased, and thereafter the shares allocated and taken over under the name of the deceased were held in title trust to the deceased. Accordingly, the plaintiff asserts that the defendant B, the deceased's heir, expressed his intention of termination of the title trust through the delivery of the complaint of this case, and that the rights of the shareholders of this case are the plaintiff.