(영문) 서울동부지방법원 2014.10.24 2014가단29743

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(영문) 서울동부지방법원 2014.10.24 2014가단29743

주식반환등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On January 3, 1991, the Plaintiff and the Defendant married on and around July 14, 201, a judicial divorce was made. The Plaintiff served as the president of the Co., Ltd. (hereinafter “C”) around May 2004 during the period of marriage, and purchased 50,00 shares under the name of the Defendant and purchased 50,00 shares in the name of the Defendant.

After that, C and D Co., Ltd. (hereinafter “D”) were divided into two parts. While the Defendant disposed of all of the D shares divided in the course of a divorce lawsuit, the Defendant, on the other hand, did not dispose of C shares 6,465 shares as indicated in the attached list (hereinafter “instant shares”).

Accordingly, the Plaintiff notified the termination of the title trust by serving a copy of the complaint of this case for the return of the instant shares. Therefore, the Defendant is obligated to deliver the instant shares to the Plaintiff.

B. The Plaintiff and the Defendant completed both the divorce and the division of property on July 201 through the court’s trial. Since the court’s judgment ordering division of property became final and conclusive by comprehensively taking into account all the property including the instant shares at the time, the Plaintiff’s claim for division of property was already final and conclusive, and there is no reason to regard the Plaintiff’

Therefore, the plaintiff's claim should be dismissed.

2. According to the reasoning of the court below's judgment on divorce and division of property (the first instance court: Seoul Family Court 2009dhap3920, 2009dhap5933, 2009dhap5933 (Counterclaim), Seoul High Court 2010Reu16, 2010Reu1623 (Counterclaim)), the plaintiff holds the shares of this case, and the shares of this case should be reflected in the division of property as the defendant's active property. The above first instance court's and the appellate court's entirety decide on the division of property between the plaintiff and the defendant. The defendant holds the shares of this case.

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