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(영문) 서울고등법원 2014.05.30 2013나68766
주주권확인등
Text

1. An appeal by the Plaintiff (Appointed Party) and a claim by the Plaintiff (Appointed Party) against Defendant G, which was added at the trial.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 10, Eul evidence No. 1, 2, 5 to 8, 17, and 18:

The network I (hereinafter referred to as “the deceased”) was registered as a shareholder with respect to 6,00 common shares of Defendant H Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) engaging in a processed salt manufacturing business, etc. (hereinafter referred to as “instant shares”).

B. The deceased registered his business on September 1, 1993 as the representative of the defendant company, registered his factory on January 12, 1995, and held office as the representative director of the defendant company from March 24, 1998 to February 6, 2006.

Meanwhile, from February 6, 2006 to January 6, 2009, Defendant G served as the representative director of the Defendant Company.

C. On March 26, 2005, the Deceased was used for cerebrovascular surgery, and was judged as having a disability of 1st degree on September 29, 2005.

On February 6, 2006, the report on the tax base of transfer income and the return on the tax base of securities transaction tax, which was made on February 10, 2006, submitted to Defendant G with the statement that the deceased transferred the shares of this case to Defendant G for income of KRW 30,000,000,000 in the transfer value, and on February 6, 2006, the report was accompanied by a share acquisition agreement (No. 2) with the content that the deceased transferred the shares of this case to Defendant G for KRW 5,00 per share.

E. On May 10, 2007, Defendant G completed the transfer procedure on the register of shareholders under the name of the deceased, Defendant G, a company employee, in the name of the deceased.

F. On February 6, 2006, the Deceased resigned from the representative director of the Defendant Company and provided treatment and medical care after resignation, and on April 16, 2007, the Deceased established L Co., Ltd. to operate salt manufacture and sale business with J and K.

On April 29, 2009, the Deceased left Daejeon as a factory site for L, along with J and K, and was written on May 2, 2009, Daejeon, and was under pressure on brain by severe cerebral cerebral dystye.

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