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(영문) 서울고등법원 2017.01.13 2016나2056494
주식인도등 청구의 소
Text

1.The judgment of the first instance court, including a claim for addition, expansion, or modification in the trial, shall be modified as follows:

(e).

Reasons

1. Basic facts

A. F had four types of G, B, C, and H with Plaintiff A, and Defendant D is the spouse of Yongnam G.

B. The F, on August 18, 2010, died (hereinafter “the network F”), H, and their lineal descendants, reported the renunciation of inheritance on October 7, 2010, and accepted the report on November 19, 201.

C. Defendant E Co., Ltd. (hereinafter “Defendant E Co., Ltd”) was established on January 8, 1986 as a family company of the network Fday.

At the time of establishment, the total number of shares issued was 10,00 won, and the per share was 5,000 won.

Since then, the total number of issued shares was 40,000 won, and the per share amount was 18,750 won.

At the time of the incorporation of the Defendant Company, shares were owned by the networkF 50%, the Plaintiff A 30%, I, and J 10% each, but thereafter shares were transferred to each Defendant D on the grounds of termination of title trust around 2008 and around 2012.

(Total 8,00 shares (hereinafter referred to as “instant shares”) e.g. shares listed in the Schedule 1, which Defendant D currently holds due to these circumstances.

On January 10, 2008, the networkF made a will to the G to the effect that the entire shares of the Defendant Company owned by the witness L and M will be bequeathed to G, while the witness L and M were present, and authenticated.

F. Before the death of the networkF, the shares issued or the list of shareholders was not prepared with respect to the shares of the Defendant Company. From 2011 to 2013, an application for the payment of taxes by the heir of the networkF was permitted, and the shares were issued with respect to the shares reverted to the State on the list of shareholders.

G. The Plaintiffs, G, and Defendant D participated in the management of the company after they were appointed by the representative director, director, auditor, etc. from the time of establishment of the Defendant company to that day.

[Ground of recognition] If there is no dispute, Gap evidence 1 to 5, 7, 12, Eul evidence 1 to 8, 14 to 17, and there is no separate indication.

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