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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the following additional determination as to the Defendant’s addition, emphasizing, or additional assertion by the court of first instance, thereby citing it as it is in accordance with the main sentence of Article
2. Additional determination
A. The Defendant’s assertion that C, the transferor of the transfer of the instant shares, is not the Defendant’s simple shareholder, but is one of the Defendant’s founders and inheritors, and thus, was well aware of the Defendant’s circumstances, and was requested to convene a general meeting of shareholders to modify the provision on the restriction on transfer of shares in the Defendant’s articles of incorporation. However,
Since the Plaintiff obtained information from C to assess the value of shares, it is reasonable to deem that there was a provision on restriction on transfer of shares of the Defendant.
Therefore, according to the stock transfer restriction regulations, the transfer of the instant shares is not effective against the defendant.
C. The lawsuit for the division of inherited property was filed against C. The transfer of shares in this case was made with falsity in order to dispose of the shares in this case before the judgment to change the heir of the shares in this case was made.
B. The Plaintiff cannot be deemed to have known that the Plaintiff was aware of the provision on the restriction on stock transfer, and the mere fact that the lawsuit for the division of inherited property was filed against C, it is difficult to deem that the instant transfer of shares was concluded by a false declaration of intent agreed upon (in the case of a lawsuit for the division of inherited property against C, it is difficult to recognize that there was a need to dispose of shares in advance, since the judgment dismissing the lawsuit for the division of inherited property was rendered and the judgment was pending in the final appeal). Otherwise, the Plaintiff
There is no evidence that the transfer of shares of this case was concluded through a false declaration of intent that conspired.
3. The defendant concludes with the plaintiff.