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1. Of the shares listed in the separate sheet, the shareholders' rights against 5,100 shares are against A, and the shareholders' rights against 1,100 shares are against Plaintiff A.
Reasons
1. Basic facts
A. C is the father of the plaintiffs, and the defendant is the senior mother of the plaintiffs.
And E is the father of C, and F is the smallerer of C.
B. G Co., Ltd. (hereinafter “instant company”) is a company established for the purpose of pharmaceutical manufacturing and pharmaceutical sales business on August 27, 1998. C served as the representative director of the instant company and resigned on March 30, 199, and F served as the representative director of the instant company from March 30, 199.
C. At the time of the incorporation of the instant company, C owned 2,550 shares (51%) of the 5,000 shares of the instant company, but around December 1998, C donated 1,275 shares (25.5%) of the instant company to the Plaintiffs.
The Plaintiffs, around December 199, held title trust with F the shares 1,550 shares (Plaintiff A1,275 shares (25.5%) and Plaintiff B B 275 shares (5%) of the instant company, and terminated the said title trust agreement around August 200. The Plaintiff’s register of shareholders of the instant company stated that the Defendant acquired the said shares 1,550 shares (31%).
E. The company of this case increased from 5,000 shares to 20,000 shares by means of capital increase on November 29, 200. The register of shareholders of the company of this case stated that the defendant acquired 4,650 shares out of 15,00 shares of the company of this case and owned 6,200 shares of the company of this case (= 1,550 shares).
[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 4, 7, Eul evidence 3 and 4, witness F's testimony, the purport of the whole pleadings
2. Judgment on the plaintiffs' assertion
A. On August 200, the gist of the plaintiffs' assertion held that the defendant trusted 1,550 shares of the company of this case (Plaintiff A1,275 shares, Plaintiff B275 shares) to the defendant, and the defendant acquired 4,650 shares of the company of this case in accordance with the share ratio in the process of capital increase of the company of this case and held 6,200 shares of the company of this case. The plaintiffs delivered a duplicate of the complaint of this case to the defendant.