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(영문) 서울남부지방법원 2019.05.31 2018가합101353
주식인도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Based on the Plaintiff, C is the wife, and D, E, and F are children.

(hereinafter referred to as "Plaintiff's family members"). (b)

The “certificate of stock transfer” in Chapter 5 kept by the Defendant Company refers to the statement on July 24, 1985 that the Plaintiff transferred each of 30,298 shares (total 301,958 shares) by the Plaintiff, C, C, 60,598 shares, D, E, and F (total 301,958 shares);

(hereinafter “instant shares”). 【No dispute exists, entry in Gap evidence Nos. 1 and 2 (including each number), the purport of the entire pleadings.

2. Judgment on the parties' arguments

A. The Plaintiff’s assertion 1) is the actual shareholder of the instant shares. Around 1985, the Plaintiff prepared a certificate of stock transfer with respect to the instant shares for the purpose of title trust. However, the Plaintiff did not title trust the instant shares. However, the Plaintiff is still the shareholder of the Defendant Company, while the Plaintiff was still the shareholder of the Defendant Company at around 1985, and the amount was KRW 5,000 with a face value of KRW 5,00 due to the consolidation of shares, and thereafter, the Defendant Company was obligated to deliver to the Plaintiff the share certificates of KRW 30,195 with respect to the Defendant’s shares, a face value of KRW 5,00.2) Since the Defendant’s family members transferred all shares owned to G and H as of July 24, 1985, the Defendant Company is not the shareholder of the Defendant Company.

B. Determination 1) In light of the Defendant’s shareholder registry, the Plaintiff’s family members transferred shares owned by G and H on July 24, 1985, as follows.

Plaintiff 150,46 G (80,466), H (70,00) C 60,598 GE 30,298 GF 30,298 GF 30,298 G 30,298 G 301,958 G 301,958, and G’s share holdings are as follows. The Defendant Company issued 15,536 share certificates to G at the time of listing on August 24, 1987.

On June 22, 1984, 144,200 259,000 28,000 on July 23, 1985 28,000 28,000 28,07,000 287,00 231,958 of the shares acquired on July 24, 1985.

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