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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. On December 8, 2010, D (the father of the Plaintiff) donated 76,00 shares of E Co., Ltd. (F of the representative director; hereinafter “E”) and G Co., Ltd. (hereinafter “G”) shares of 54,000 shares (hereinafter “G”) to the Plaintiff for the purpose of succeeding management rights.
(A) On December 8, 2010, the Plaintiff also donated to the Plaintiff the shares held in title by the Defendants as follows. (B)
D) The shares E 30,400 shares (16%) and G shares 10,383 shares (7%) were held in title trust to Defendant B, and the shares G 10,383 shares (7%) were held in title trust to Defendant C, respectively. On December 30, 2010, the Plaintiff issued to the Defendants a certificate of content that the Defendants requested the transfer of all the shares held in title trust as above, according to D’s gift and management succession intent.
C. However, around July 15, 201, Defendant B transferred 30,40 shares E in its name (16%) to F, and the Defendants respectively transferred 10,383 shares of G shares in their names (7.7%) to H around August 3, 2011.
The Defendants did not obtain the prior consent of D (title truster) in each transfer of shares as above, and the Defendants did not actually receive the price for the transfer of shares from F and H.
On the other hand, on March 11, 2011, a resolution was made to dismiss D from the representative director and appoint H as the representative director on March 11, 201, by the board of directors of G.
(G Council, even on December 23, 201, has made a resolution of the same content. (e)
In the case of nullification of the resolution of the Seoul High Court 2012Na98 between D and G, and E, the above court rendered a judgment that "D, G, 15.4% of shares, and E, 16% of shares, respectively, shall implement the transfer of the register of shareholders on August 29, 2014." The above judgment became final and conclusive around that time.
F. After December 12, 2014, the Plaintiff assumed office as the representative director of E and G respectively.
G. Meanwhile, E on August 2011.