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Reasons
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(영문) 서울서부지방법원 2015.01.29 2013가합9734
문서진부확인
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1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff’s representative director, and Defendant C, D, E, F, G (one-person K), and H are deceased around May 28, 2004 and “the deceased” (hereinafter “the deceased”).

(2) Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) merged Q Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on May 30, 2006, as a company incorporated by the Deceased, etc. in around 1956.

B. At the time of the establishment of the Defendant Company, the Defendant Company issued 22,400 shares (one share price of KRW 1,000). Since August 29, 1989, the Defendant Company issued shares of KRW 51,600 (one share price of KRW 5,000) from around August 29, 1989 through the issuance of new shares and the consolidation of shares. (2) On the other hand, the Defendant Company issued shares of KRW 58,00 (one share price of KRW 1,00) on January 1, 1970, and issued shares of KRW 58,000 (one share price of KRW 1,00) on the total outstanding shares of KRW 58,00 (one share price of KRW 5,00) without the issuance of new shares.

3) In around 1956, the Deceased was incorporated and operated by R, S, T, and U with the Defendant Company, from around 1980 to around 580, the shares of the Defendant Company were transferred from R, S, T, and U, and all shares owned by the Defendant Company were owned and managed under the name of his/her relatives, etc. (hereinafter “Agreement”). (c) On May 28, 1996, the Deceased was drafted between the Deceased and the Defendants, and theO, and a part of the shares owned by the Defendant Company was entrusted and managed under the name of his/her relatives, etc. (hereinafter “Agreement”). As of May 28, 1996, the Deceased delegated all of the rights on the real estate and inheritance of the Defendant Company to the Defendant C, but distributed the assets of KRW 500 million to his/her wife (the Defendant F, Defendant K, and H), and all shares transferred to the Defendant Company C, the head of the Defendant Company, with the consent of KRW 200,000,00.

2..

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