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(영문) 서울중앙지방법원 2017.01.20 2016가단5018923
주주확인 청구의 소
Text

1. Plaintiff A is a shareholder of 1,166 shares listed in the separate sheet, and Plaintiff B, Plaintiff C, and Plaintiff D are shares listed in the separate sheet.

Reasons

1. Facts of recognition;

A. F is a person operating G Co., Ltd. for the purpose of printing business (hereinafter “Nonindicted Company”).

B. Around June 17, 2013, F entered into an investment performance agreement with the Defendant to provide that the Defendant may extend the car delivery contract between the non-party company and the two motor vehicle company (hereinafter referred to as “ Both motor vehicles”), such as business activities, etc. to ensure that the Defendant may extend the car delivery contract between the non-party company and the non-party company, and F transferred the shares of the non-party company to the non-party company as a consideration and compensation for the performance of the above investment act, and the non-party company would distribute profits to the Defendant. The non-party company and the non-party company

(hereinafter referred to as “instant investment implementation agreement”). C.

According to the instant investment performance agreement, F entered into a contract with the Defendant on July 5, 2013 to transfer KRW 17,500,000 for the transfer price calculated at a par value of 3,500 shares listed in the separate sheet of the non-party company (hereinafter “instant shares”).

(hereinafter “instant share transfer contract”). The Defendant paid F the transfer price of KRW 17,500,000 on the day of the instant contract to F in cash, but the Defendant did not pay it.

During that period, F died on August 22, 2013, and F inherited the deceased’s property at the rate of 2:2:2, the proportion of the Plaintiff B, C, and D, who is the husband of the net F, and their children: 3:2.

E. Meanwhile, the existing car delivery contract was terminated between the non-party company and the two automobiles, and the extension contract was not concluded.

[Reasons for Recognition] Facts without dispute or obvious facts in records, entry of Gap 1 through 5 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiffs’ assertion (1) that the instant share transfer contract was concluded by the Defendant by deceiving the networkF, and was already revoked by the networkF.

In addition, the defendant is also the defendant.

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