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(영문) 서울고등법원 2016.06.03 2015나9365
주주권확인
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. Basic facts

A. The parties concerned are those who owned the shares listed in the separate sheet Nos. 1 through 3. Defendant B is the Plaintiff’s adult guardian, and Defendant B is the Plaintiff’s special representative C is the Plaintiff’s denial and the mother of Defendant B.

B. On December 24, 2012, a contract for stock donation (Evidence A9) was made between the Plaintiff and Defendant B, and the Plaintiff entered into a transfer of ownership to Defendant D under the name of the Plaintiff and Defendant B, with the purport that the Plaintiff donated Defendant D Co., Ltd. (hereinafter “Defendant D”) the shares listed in paragraph (3) of the attached Table (hereinafter “instant shares”) corresponding to 1,742,307 share shares issued by Defendant D Co., Ltd. (hereinafter “Defendant D”) to the effect that the Plaintiff donated the instant shares to Defendant B, and accordingly, the transfer of ownership was made under the name of Defendant B.

C. Between the Plaintiff and Defendant D to trade of the instant shares, the Plaintiff prepared a sales contract for the instant shares on December 28, 2012 with the purport that the Plaintiff would sell the shares listed in paragraph (1) of the attached list (hereinafter “instant shares”) equivalent to 25,000 per share issued by Defendant E (hereinafter “Defendant E”) to KRW 2,138,760,000 per share ( KRW 95,056 per share), and the transfer of ownership for the instant shares was made to Defendant E in the name of the Plaintiff and Defendant D on the same day, and accordingly, the transfer was made in the name of Defendant D with respect to the instant shares.

B. On December 28, 2012, a sales contract (Evidence No. 13) was prepared between the Plaintiff and Defendant D with the purport that the Plaintiff would sell to Defendant FF Co., Ltd. (hereinafter “Defendant F”) the shares listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant F”) equivalent to 20,000 per share issued by Defendant FF Co., Ltd. (hereinafter “Defendant F”), to KRW 2,408,472,000 per share ( KRW 200,706 per share). On the same day, the Plaintiff and Defendant F Co., Ltd. were to sell the instant shares under the name of the Plaintiff and Defendant D.

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