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(영문) 인천지방법원 2014.02.11 2013가합32778
주식양도의사표시 등 청구
Text

1. The plaintiffs' primary claims and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. H Co., Ltd. (the trade name of the foregoing company was changed to G on September 21, 201; hereinafter “Nonindicted Company”) is a company whose main business purpose is building equipment, fire-fighting design, supervision, etc.

B. At the time of May 2004, 28,319 share shares of the non-party company 54,90 shares of the non-party company, the plaintiff A, 5,242 shares of the non-party company were owned by the plaintiff B, the wife of the plaintiff A, and 21,339 shares of the non-party company 1.

C. Around June 10, 2004, Plaintiff C, D, and E drafted each share transfer contract between Defendant C, D, and E, stating that the shares of the non-party company 28,319 shares that were held by Plaintiff A were transferred to Defendant D, and that the shares of 9,100 shares were transferred to Defendant D, and accordingly, Defendant C, D, and E were listed as shareholders for each transferred shares in the register of shareholders of the non-party company.

Plaintiff

B around June 10, 2004, around June 10, 2004, each share transfer contract was made between Defendant C and Nonparty J with the content that each share transfer of 714 shares out of 5,242 shares of the non-party company that was held by Plaintiff C at the time of Plaintiff C and Defendant C, D and E, and that 4,528 shares are transferred to the non-party J, respectively (hereinafter the above contract was made by referring to each share transfer contract and each share transfer contract made between Plaintiff C and Defendant C and Defendant C and Non-party J, respectively, and accordingly, the shares transfer of the non-party company’s shareholders was registered as shareholders by Defendant C and Non-party J as to each share transfer.

E. At the end of December 2006, Defendant D transferred all of 9,100 shares of the non-party company owned by it to Defendant C; Defendant E transferred all of 8,40 shares of the non-party company owned by it to Defendant F; and Non-party J transferred all of 4,528 shares of the non-party company owned by it to Defendant C; at that time, transfer of ownership following each transfer of shares was completed.

(f) thereafter;

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