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Reasons
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(영문) 서울중앙지방법원 2018.01.16 2016가단5204038
증권
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1. The plaintiff's main claim is dismissed.

2. The defendant shall have a common share and face value of shares issued by C Co., Ltd. 5.

Reasons

1. Facts of recognition;

A. 1) The instant company was established on July 16, 1987 for the purpose of installing and operating tourist cable railways. 2) D, the Plaintiff, and the Plaintiff’s husband owned the instant company’s shares. However, on or around December 1991, D, among the shares (ordinary share and face value of KRW 5,000), around 10,000 of the instant company’s shares (ordinary share and face value of KRW 5,00), G, the wife of F, 3,900 shares, and H, the wife of F, 3,100 shares, respectively.

3) As the instant company conducted capital increase without compensation on December 11, 1992 and made total shares 60,000 shares, the shares of the said company were held respectively by D 18,000 shares, G 23,400 shares, and H 18,600 shares. 4) The Defendant, a F son, was appointed as the representative director of the instant company on December 12, 2000.

5) The instant company engaged in the business of operating the ISP, located in Shicheon-si, Seoul. From July 201, 201, it began to pay the user fee for the permission to use the said SPP. (B) On April 4, 2014, D entered into a contract with the Defendant to sell 18,000 shares of the instant company owned by it (hereinafter “instant shares”) to the Defendant for KRW 765,00,000 (hereinafter “instant contract”).

2) The Defendant paid KRW 3,825,00 on April 30, 2014, after filing a securities transaction tax under the name of D on April 7, 2014 with respect to the shares acquired under the instant contract, and paid KRW 66,867,50 on May 15, 2014 by filing a transfer income tax under the name of D and paying KRW 66,867,50 on July 1, 2014. (C) The Plaintiff’s inheritance relation D died on June 30, 2014, and the Plaintiff and J jointly inherited the shares. [In the absence of any dispute over the grounds for recognition, Defendants 1, 2, 3, 4, 5, 7, 9, 15, 16-1, 2, 16-2, 18-1, 2, 18-2, 19-1, 19-2, 19-2, and 2-3 of the entire pleadings.

2. Judgment on the main claim

A. The plaintiff's assertion 1.

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