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(영문) 대구지방법원 2014.10.14 2013가단57556
주주권확인 등
Text

1. As to the shares listed in paragraph (1) of the attached list between the plaintiffs and the defendants, the plaintiff A and paragraph (2) of the attached list.

Reasons

1. Basic facts

A. Defendant C is the owner of a prompt term G Group established by E, F, etc., and the network H (hereinafter “the deceased”) died on October 16, 201 from the Plaintiff’s south. Defendant A is the deceased’s spouse, and Defendant B is the deceased’s child.

Defendant D Co., Ltd. (the trade name at the time of its incorporation was changed to I as of April 16, 2012; hereinafter “Defendant Co., Ltd.”) is a company established on December 29, 2005 with the manufacturing and sales business of ready-mixed as its business purpose.

B. Around December 2005, Defendant Company was established by acquiring and establishing the facilities of ready-mixed factories of JJ and its site and other assets.

As such, the total amount of KRW 4.5 billion was 4.5 billion in the acquisition of assets, among which the total amount of KRW 3.75 billion was withdrawn from the account in the name of the deceased and the final payment was made.

C. At the time of incorporation of the Defendant Company, the status of shareholders is as follows:

KN PHHH HH HH L (UHHH) No dispute between the Parties that the shareholders described below constitute “title trustee”

D. On December 28, 2005, the payment of the shares of the Defendant Company was treated as being deposited in cash by the payment passbook of the shares of the Defendant Company by shares of each of the above shareholders.

The contents of the above shares in the defendant company's account book are as follows.

E. On September 16, 2011, immediately before the deceased’s death, Defendant C filed a lawsuit against the above shareholders seeking delivery of share certificates of “the purport of seeking delivery of the Defendant Company’s share certificates”, and the judgment in favor of the Plaintiff (Defendant C) was rendered on November 22, 201 by failing to submit each written answer by the said K, L, N, and P, and became final and conclusive around that time.

(Seoul District Court 201Kadan62776). Around that time, the Defendant Company implemented a transfer procedure based on the above judgment, whereby all 5,00 shares of the Defendant Company were owned by Defendant C, on the ground of the above judgment even though the shares were not issued.

F. On the other hand, the deceased shall “R, (State), S, and (State T, respectively.

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