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(영문) 인천지방법원 2013.10.16 2012가합8648
주주권확인등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The deceased I (hereinafter “the deceased”) was registered as a shareholder with respect to 6,00 common shares of Defendant H Co., Ltd. (hereinafter “Defendant Co., Ltd.”) running the processing salt manufacturing business, etc. (hereinafter “the instant shares”). The representative of the Defendant Co., Ltd. was registered as a business operator on September 1, 1993, and registered as a factory on January 12, 1995. From March 24, 1998 to February 6, 2006, the deceased Co., Ltd. was employed as the representative director of the Defendant Co., Ltd. (hereinafter “Defendant Co.”).

Defendant G served as the representative director of the Defendant Company from February 6, 2006 to January 6, 2009.

B. On March 26, 2005, the Deceased was used as cerebrovascular and undergone an operation. Around September 29, 2005, the Deceased was judged as having been judged as having disability 1.

C. On February 10, 2006, the deceased transferred the shares of this case to KRW 30,000,000 on February 6, 2010, and the tax base return of the transfer income and the securities transaction tax return was submitted to the Namcheon National Tax Office, with the content that income was generated by transferring the shares of this case to KRW 30,000,000.

Defendant G completed the transfer procedure on May 10, 2007 on the instant shares on the register of shareholders.

E. On April 29, 2009, the Deceased, along with J and K, moved to Daejeon as a factory site for L, and died at the District University Hospital located in Seo-gu, Daejeon, Daejeon due to extreme cerebral tension caused by cerebral blood, severe cerebral cerebral tension, and brain pressure caused by severe cerebral cerebral tension.

F. The plaintiff A is the deceased's spouse, and the plaintiff B, C, D, E, and F are the children of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, Eul evidence 1, and 5 through 8, the purport of the whole pleadings

2. The parties' assertion

A. The deceased asserted that he did not use the right to the body of the deceased from March 2005 to May 2, 2009. In intelligence, the deceased did not express a normal expression of intent and conduct economic activities, and the deceased sold the shares of this case to the defendant G on February 6, 2006.

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