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(영문) 부산지방법원동부지원 2014.11.26 2013가단211485
주식인도청구의소
Text

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

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

Reasons

1. The plaintiff's assertion

A. Since 1990, 17 persons, including the Plaintiffs and the Defendant, who are the primary causes of the claim, constituted a religious community of the Defendant from around 199 to the head of the community, and established K as a private company manufacturing industrial sites for the living of the above community, and the above K was converted into J corporation around 193.

In order to stabilize the J Co., Ltd., the members of the said community agreed to divide the shares of the J Co., Ltd into the members of the religious community(s) and the J Co., Ltd. in the future when the religious community(s) and the J Co. are stable.

Therefore, according to the above agreement, the Plaintiffs filed a claim with the Defendant for the distribution of shares exceeding the Defendant’s shares based on 14 members of a religious community, and each of 9,921 shares of J Co., Ltd. currently owned by the Defendant is seeking confirmation of the ownership of each of 117,00 shares.

B. On September 29, 2014, the said religious community, as the ancillary cause of the claim, constitutes an unincorporated association or an association under the Civil Act, and the said religious community was to be dissolved by a resolution of a general meeting of partners or a resolution of its members.

Since the shares of J Co., Ltd. that the above religious community held in title by the Defendant are collectively owned or jointly owned by a religious community, the Plaintiffs, as members of the above religious community, seek confirmation of whether each of 9,921 shares owned by the Plaintiffs are owned by the Defendant as a claim for the distribution of residual property regarding the shares owned by the Defendant, which is the remaining property of the religious community

2. Determination

A. The key issue of the plaintiffs' assertion is based on the premise that each member of the above religious community or the above religious community has held title trust with the shares of J Co., Ltd. to the defendant, and therefore, we examine it.

B. Facts of recognition 1) The Defendant came to know of L(Defendant’s wife), Plaintiffs (6), M, N,O, P, Q, Q, R, T (Opening: U), and V (U), which were known to the military forces and schools around 190.

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