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(영문) 대구지방법원포항지원 2015.10.20 2015가단2803
주식양도 청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and E are married couple who completed the marriage report on August 13, 1992. The Defendants are children who have been born between the Plaintiff and another woman before marriage.

B. D Co., Ltd. (hereinafter “D”) was established on July 2, 2003, and E substantially operated D.

(c) At the time of establishment D issued 100,000 common shares of KRW 100,000 at par value, and the changes in stock holdings are as listed below:

At the time of the establishment of the number of shares allocated to shareholders on December 2005, 2005 capital increase on December 2005, 2005; capital increase 16,000 4,800 11,200 G 20,000 G 6,000 14,000 14,000 H 15,500 4,500 10,500 0 149,000 34,300 34,300 34,6034, 300 J 6,300 J 6,308,408,400 8,700 9,700 K9,000 212, 00 B14,7014, 7014, 700, 2014, 2010, 301, 205, 301

2. The assertion and judgment

A. The Plaintiff’s shares were owned by the Plaintiff and L 1/2 from the time of establishment. The shares listed in the separate sheet in the name of the Defendants (hereinafter “instant shares”) are all owned by the Plaintiff and title trust with the Defendants.

Therefore, by the service of the duplicate of the complaint of this case, the title trust agreement on the shares of this case is terminated and the return thereof is sought.

B. According to the evidence Nos. 4-1 and 2 of the judgment of the court below, since the shares allocated under their respective names are owned by E and the plaintiff on Feb. 9, 2004, and Defendant C on Feb. 14, 2008, it can be recognized that E, etc. will transfer at any time at the request of E, etc.

However, the following circumstances, i.e., ① the share capital paid at the time of establishment of D is borrowed from the bondholder, ② E is actually operated, ③ the Plaintiff is E.

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