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(영문) 서울고등법원 2015.01.15 2014재나635
주주권확인등
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff (the plaintiff and the selected party).

Reasons

1. The following facts can be acknowledged according to the final records of the judgment subject to a retrial.

The plaintiffs filed a lawsuit against the defendant and the defendant selected company (hereinafter "the defendant") to confirm the shareholders' rights of the shares of this case as to the shares of this case by the Incheon District Court 2012Gahap8648, and to cancel the change of the shareholders' rights of the defendant selected company in the name of the plaintiffs and seek the implementation of transfer procedures in the name of the plaintiffs. The court of first instance is the actual owner of the total shares of 13,200 shares issued by the defendant selected company as the defendant selected company, and the shares of this case in title trust to J, T, etc., which are employees of the defendant selected company, held that the shares of this case were transferred to the deceased I (hereinafter "the deceased"), the plaintiff's husband's husband, and the defendant selected company (hereinafter "the defendant"), and it was determined that the title trust was terminated as to the shares of this case on or before February 6, 2006, and that at that time the deceased was in the state of work ability of the deceased, the evidence submitted by the plaintiffs cannot be readily concluded that the deceased was the deceased.

B. Accordingly, the Plaintiff withdrawn the part of the claim for shareholder confirmation among the claims made by the designated parties, and additionally appealed to Seoul High Court 2013Na68766 (hereinafter “instant appellate court”). The said appellate court also appealed to the Defendant and the instant shares solely based on the evidence submitted by the Plaintiff.

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