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(영문) 광주지방법원순천지원 2016.06.23 2014가단72368
제3자이의
Text

1. The order of seizure of shares to which the Defendant’s provisional seizure against C, D, and E by this Court 2013TT 3975 is to be transferred to the principal seizure, and this order.

Reasons

1. Basic facts

A. The Non-Party Company F (1) was incorporated on July 24, 2002, and issued 5,000 registered shares (10,000 per share) at the time of incorporation.

around 2007, the register of shareholders was registered as holding shares of G 1,750 shares (35%), Plaintiffs 1,700 shares (34%), H 1,500 shares (30%), and I 50 shares (1%).

(2) around 208, G transferred 500 shares out of the above shares to the Defendant, and H transferred 1,500 shares out of the above shares to the Defendant, and H transferred 1,500 shares out of 1,700 shares in the Plaintiff’s name (hereinafter “instant shares”) and the above 50 shares out of 1,70 shares in the name of the Plaintiff on March 2009 to G. As the name of the shareholder on the register of shareholders in the list of shareholders was changed to G, at least 2,00 shares (=50 shares, 1,750 shares-50 shares-1,00 shares, 70 shares-1,00 shares, 70 shares-1,00 shares, 200 shares, 1,000 shares out of 1,700 shares in the Plaintiff’s name (i.e., 200 shares) and 1,00 shares in the list of shareholders (i., 200 shares).

(3) On December 3, 2010, G died on December 3, 2010, there were C (3/7 inherited portion), D and E (2/7 inherited portion) a spouse as his/her inheritor.

B. On May 12, 2011, the Defendant was subject to a decision of provisional seizure of shares (hereinafter “the provisional seizure order of this case”) by designating C, D, and E (hereinafter “the deceased G’s heir”) as the debtor and the non-party company as the third party debtor, and the said decision was served on the non-party company on May 24, 201.

(2) On May 28, 2013, the Defendant was issued a seizure order to transfer the said provisional seizure to a principal seizure (hereinafter “instant seizure order”) based on the executory exemplification of a loan case in this court 2011Gadan83665, which was issued by this court, and on October 25, 2013, issued an order to sell shares (hereinafter “instant order to sell shares”) with the court 2013 TaT670.

[Reasons for Recognition] Facts without dispute, Gap 1 through 7 (including paper numbers), Eul.

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