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(영문) 서울중앙지방법원 2016.05.19 2014가합582446
주권인도청구
Text

1. The Plaintiff:

A. Defendant B delivers Chapter 50 of the share certificates listed in the separate sheet No. 1;

B. Defendant C is attached Form 2.

Reasons

1. Facts without dispute;

A. F Co., Ltd. (hereinafter “F”) was a company established by G on December 27, 1974, and the total number of issued and outstanding shares was 100,000 shares (hereinafter “instant shares”) by May 12, 199.

F on December 8, 1997, the F issued 221 share certificates with respect to the above 100,000 share certificates (hereinafter “instant share certificates”).

B. G was the de facto shareholder of the instant shares, and he/she had the instant share certificates together with the custody of H, the wife, who was in charge of the instant shares.

C. On the other hand, G died on August 25, 2002, and G’s first-class successors (including G’s wife H and I) and the second-class successors except G’s punishmentJ (the senior successors of G’s death before G’s punishment and G’s death) have renounced inheritance.

Seoul Family Court Decision 2004Ra7407, which accepted a qualified acceptance report by J, and J became the only heir of G.

The J died on December 16, 2010, and the remaining inheritors except the plaintiff were the only heir of the J because they renounced their inheritance.

2. Determination as to the cause of action

A. The Plaintiff asserts that Defendant D (I’s wife) has possessed the share certificates listed in the separate sheet No. 3 among the share certificates of this case, and that the Plaintiff primarily seeks to deliver the share certificates to Defendant D.

However, the defendant D asserts that the above sovereignty is not currently possessed by delivering it to the defendant E, and the defendant E actually recognizes that he has the above sovereignty.

In addition, there is no evidence to acknowledge that Defendant D currently occupies the above sovereignty.

The plaintiff's claim against the main defendant D is without merit.

B. The part of the claim against Defendant B, Defendant C, and Preliminary Defendant E occupies the share certificates listed in the separate sheet No. 1 among the instant share certificates, the share certificates listed in the separate sheet No. 2 among the instant share certificates, and the share certificates listed in the separate sheet No. 3 among the instant share certificates.

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