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(영문) 서울중앙지방법원 2019.05.16 2018가합4036
소유권말소등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On April 16, 1991, G Co., Ltd. (hereinafter “G”) held 750 shares among the total 5,00 shares, the Plaintiff owned 1,750 shares (hereinafter “instant shares”), H 1,750 shares, I, and J respectively.

B. Around November 1997, J transferred 750 shares to H, respectively, around January 2002. The Plaintiff transferred the entire shares of this case to K on January 2, 2003, and H transferred 3,250 shares to C on February 21, 2003.

C. Around 2003, the Plaintiff filed a lawsuit against G with the Plaintiff seeking the transfer of a title to the entire shares 5,000 shares issued by G (U.S. District Court 2003Gahap4399). On April 23, 2004, the above court rendered a judgment ordering G to implement the transfer of title to the Plaintiff only with respect to the shares of this case, deeming that G owned the shares of this case among the above 5,000 shares. The above judgment did not determine whether to transfer the shares of this case to K.

The above judgment became final and conclusive by judgment of dismissal and dismissal of appeal.

L filed a lawsuit against G in 2006 against G seeking the transfer of title to the instant shares (this court 2006da180343), and G accepted L’s claim on September 18, 2006.

E. On May 30, 2007, the Plaintiff filed a lawsuit against G claiming that she himself/herself is a shareholder of the instant shares, and received a favorable judgment on May 30, 2007 against L, seeking confirmation of whether she is a shareholder of the instant shares.

(2) On April 10, 208, the appellate court revoked the first instance judgment and dismissed the Plaintiff’s claim on the ground that the Plaintiff transferred the instant shares to K (No. 2007Na16396), and the above judgment became final and conclusive by the final and conclusive judgment.

F. K will implement the transfer procedure of the instant shares against G around 2008.

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