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Reasons
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(영문) 부산고등법원 2020.08.12 2020나51580
주식인도
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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are children between the deceased C and the deceased D (hereinafter “the deceased”).

The deceased C died on April 26, 1998, and the deceased died on December 14, 2018.

B. On December 22, 1993, E Co., Ltd. incorporated the instant company (hereinafter “instant company”) issued 150,000 stock shares at the time of its incorporation as a company established for the purpose of manufacturing, selling, etc. products made at contact with the instant company, and issued 1.50,00 stock shares at the time of its incorporation on June 10, 2008, and issued 200,00 stock shares at the time of its incorporation, and did not issue stock certificates until now.

C. 1) After the death of the network C, the network C owned 137,00 shares issued by the company of this case, F owned 10,100 shares, and the Defendant owned 2,90 shares, respectively. 2) After the death of the network C, the statement on the change of shares, etc. issued by the company of this case in 2005 stated that the Defendant 79,90 shares, the Deceased owned 60,00 shares, and F owned 10,100 shares, respectively.

3) The 50,000 shares issued with a capital increase in the year 2008 were reverted to the Defendant, and the Defendant entered into a share transfer contract to transfer the value of 20,000 shares out of 60,00 shares owned by the Deceased (hereinafter “the share transfer contract of July 28, 2010”) between G and H, and H, to G and H (hereinafter “the share transfer contract of July 28, 2010”).

Accordingly, the statement on changes such as the shares in 2010 stated that G and H acquire 20,000 shares among the shares of the Deceased, and the Defendant owns 129,90 shares, G, H, and Deceased, 20,00 shares, and F own 10,100 shares, respectively.

5) The Deceased’s share transfer agreement between G and H on June 1, 201 with respect to the transfer value of KRW 100,000 per share of KRW 100,000 (per share of KRW 10,000 per share) between G and H on June 1, 201 (hereinafter “instant share transfer agreement”).

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