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(영문) 서울중앙지방법원 2016.12.12 2015나59138
주식인도청구의소
Text

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. Basic facts

A. The network D had four shapes E, F, Plaintiff B, and G between Plaintiff A and the Defendant is the spouse of South Korea.

B. The network D died on August 18, 2010.

G reported the renunciation of inheritance on October 7, 2010 and accepted the report on November 19 of the same year.

Accordingly, the inheritance shares of Plaintiff A are 3/9, and the inheritance shares of Plaintiff B are 2/9.

C. H Co., Ltd. (hereinafter “H”) was established on January 8, 1986, which is a family company of the deceased D Day (hereinafter “H”).

At the time of incorporation, the total number of shares issued was KRW 10,00,000 per share, but the total number of shares issued was KRW 40,00,00, and the total amount per share was increased to KRW 18,750.

At the time of H’s establishment, H’s shares were owned by the network D 50%, the Plaintiff A 30%, I, and J 10% each, but thereafter, the shares of H were transferred to each Defendant on the grounds of termination of title trust around 2008 and around 2012.

(For these reasons, the shares listed in the attached Table 1, which are currently held by the defendant (hereinafter referred to as "the shares of this case").

On January 10, 2008, the network D made a will to the effect that the entire H shares owned by the witness N orO will be bequeathed to E, while the witness N orO was present, and notarized.

F. From 2011 to 2013, an application for the payment of taxes by the heir of the deceased from the date of the deceased D’s death to the date of the deceased D’s death was approved, the register of shareholders, such as the entry in the separate sheet No. 2, was prepared, and the shares were issued for the shares reverted to the State on the register of shareholders.

G. Plaintiffs A, B, E, and the Defendant have been appointed as a representative director, director, internal director, auditor, etc. and participated in the management of the company since H was established until now.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 7, 14 evidence, Eul 1 through 7, 19 evidence (including additional numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiffs' assertion.

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