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(영문) 대구지방법원 2014.10.07 2014가합479
주식반환
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The deceased C had his/her father E, F, G, H, and Defendant between his/her wife under law and his/her father, and he/she had his/her father with his/her de facto marriage wife I, and K is the husband of F and his/her father.

B. On February 19, 193, the network C is the representative director, and M was appointed as the representative director on the same day, and on July 7, 1993, K was appointed as the representative director, and at present K and L are registered as the joint representative director.

C. The deceased C died on January 14, 1995.

The shares of the Plaintiff Company in the business year of 2003 and the business year of 2009 were owned by D 1,700 shares, K 765 shares, E 950 shares, F 52 shares, G, H, and Defendant respectively, and transferred all shares held by D, E, G, and H around February 24, 2010 to K.

E. Meanwhile, the registration of ownership transfer in the name of the Defendant was completed as of September 26, 1998 by the Daegu District Court on the ground of sale as of September 19, 198, as of September 26, 1998.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 7, 9, 10 (provisional number omitted), Eul evidence Nos. 1, 2, 5, 6, 10, and the purport of the whole pleadings

2. The assertion and judgment

A. After the death of the Plaintiff’s 1st of the Plaintiff’s claim regarding a request for the issuance of shares, the head-D and head-type E divides K with “3,456 shares held by the deceased C and 2,04 shares held by the deceased and 5,500 shares acquired by K from M, except J. Until now, the remaining inheritors except J. In the application for change in the purport of the claim and the cause of the claim as of July 7, 2014, all shares of the Plaintiff are to be returned to K upon the marriage of H and the Defendant.

In light of the fact that K was working as the representative director of the Plaintiff Company, and that the Plaintiff claimed against the Defendant that the shares of this case be returned to it, it is stated that “the shares will be returned to the Plaintiff Company.”

"Agreement."

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