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(영문) 서울고등법원 2019.04.18 2018나2070999
주식인도 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is the same as the reasoning of the judgment of the court of first instance, and thus, it is cited pursuant to the main sentence of Article 420 of the

Even if the plaintiffs' assertion and the evidence submitted by the court are examined, the first instance judgment is reasonable.

Around January 21, 2011, the Plaintiffs were forced and threatened by K to donate stocks and land at the instant complaint, and had no choice but to deliver the documents required prior to the order of K.

In light of the purport that “the instant shares were transferred by coercion, etc.” and the result of the relevant criminal case, it can be deemed that the transfer of the instant shares was conducted by coercion, etc., but it is difficult to readily conclude that the evidence submitted up to this court constituted invalidation due to the same cause as the Plaintiff alleged in the first instance judgment, and it is reasonable to deem that the limitation period has expired as stated in the first instance judgment.

Therefore, the plaintiffs' assertion cannot be accepted.

2) In conclusion, the judgment of the court of first instance is justifiable, and all appeals by the plaintiffs are dismissed. It is so decided as per Disposition ( even when examining the reference documents submitted by the plaintiffs on April 15, 2019 after the closing of argument, it is difficult to reverse the above judgment.

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