(영문) 서울고등법원 2015.02.05 2014나2015284

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(영문) 서울고등법원 2015.02.05 2014나2015284

주식반환 청구 등의 소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The deceased C (Death on July 17, 2001) and the deceased D (Death on July 20, 2009) were married couple with children of 5 South and North Korea, including E, the Plaintiff, F, G, H, I, and J.

B. Around January 1970, the network C established the Defendant Company, and around 1982, the company opened K inn (hereinafter “K”) and operated the company with the Plaintiff, H, etc.

The plaintiff is mainly operating the defendant and H operated K, and after August 1990, the plaintiff operated K and H respectively, and after the death of C, H as the representative director of the defendant, and J operated the defendant as a managing director.

C. Around July 2001, when C dies, around 7, 2001, the shares issued by Defendant Company 71,378 were held by C 10%, R 10%, S 10%, M 10%, M 5%, H 5%, D 15%, E 20%, and the Plaintiff’s 15% shares of the above 15% shares (hereinafter “the shares in this case”). As to the shares purchase claim of the Plaintiff (Evidence B) and the shares purchase claim of the Plaintiff against the Defendant that the Plaintiff sold the shares in this case to the Defendant KRW 1,27,53,00 on February 22, 2007 (Evidence 1, 207).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, Eul evidence 1 and 2, testimony by J of the first instance court and the purport of whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that although the defendant did not exercise his right to purchase shares of this case, H, the representative director of the defendant, prepared the contract of transfer of shares of this case and a written claim for appraisal of shares, and then arbitrarily affixed the plaintiff's seal and forged the plaintiff's shares and changed the plaintiff's shares in the name of the defendant without any legal ground, the defendant asserts that the plaintiff should implement the change of ownership in the name of the defendant'

As to this, the defendant shall be deceased.

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