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(영문) 부산지방법원 서부지원 2018.12.07 2017가단111046
주주권확인 등 청구의 소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant F Co., Ltd. (hereinafter “Defendant F”) completed the registration of incorporation on June 28, 2010. At the time of incorporation, 5,000 out of the total outstanding shares of 10,000 shares, Nonparty G, the remainder of 5,000 shares, respectively, are owned by Defendant E, who is a partner of G, respectively.

B. G died on October 1, 2016 (hereinafter “the deceased”), Plaintiff A, Plaintiff C, and D, who are his wife, jointly inherited the deceased’s property according to their respective inheritance shares in attached Form 2.

C. According to the above joint inheritance, 5,000 shares owned by the deceased were divided into 2,142 shares, 2,3, and D with each of 1,429 shares. After that, according to the agreement between the plaintiffs and the defendant E, all the above shares were transferred to the defendant E, and the transfer of ownership was completed, and the defendant E has all 10,00 shares of the defendant company.

(B) In this case, 5,00 shares owned by the deceased and transferred to Defendant E after the deceased’s inheritance, are “the shares held by the deceased,” and the remainder of 5,00 shares held by Defendant E from the beginning are classified into “the shares of this case”). 【The ground for recognition” did not have any dispute, and the purport of the entire arguments and arguments as stated in each of Gap’s 1 through 5 (including household numbers), and the purport of the whole pleadings.

2. Determination as to the cause of action

A. The Plaintiff asserted that the Defendant Company was a company established by investing 100% of the deceased originally, and owned 10,000 shares issued by the deceased. However, the deceased merely held the shares of this case under title trust with Defendant E, who is the birthee, 50% of them.

As co-inheritors of the deceased, the Plaintiffs, who were the actual owners of the instant shares, terminated a title trust agreement with Defendant E, thereby recovering the shareholders’ rights of the instant shares to the Plaintiffs, and thus, sought confirmation that the shareholders’ rights of the instant shares are each of the inheritance shares, and as to the Defendant Company, the shareholders’ names of the instant shares are each inherited shares.

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