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(영문) 대구지방법원 2019.02.14 2017나315299
명의신탁해지에 따른 주주권확인 청구의 소
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1. All appeals filed by the plaintiffs are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Nonparty D Co., Ltd (hereinafter “Nonindicted Company”) is a stock company established on November 29, 201 for the purpose of distributing, processing, storing, selling, etc. agricultural products.

The plaintiffs are married couple, and they are registered as inside directors and representative directors of the non-party company, and the plaintiff B as inside directors of the above company.

On the other hand, E is also registered as an in-house director of the above company as the partner of the plaintiff B, and the defendant is a F in a de facto marital relationship with E.

B. The non-party company became 30 million won in capital and 30,000 shares in total (in face value 10,000 per share) through the capital increase process after its incorporation, and 15,600 shares, which are 52% in total, were owned by the plaintiff A, 20% in total, 6,000 shares, and 8,400 shares, which are 28% in total, respectively.

C. After that, on December 14, 2015, Plaintiff A entered into a share acquisition agreement to transfer 1,200 shares out of the shares owned by the Defendant, and 6,000 shares (hereinafter “instant shares”) to the Defendant on December 21, 2015, respectively, at KRW 10,000 per share, and accordingly, each share of this case was transferred.

(hereinafter “each of the instant stock acquisition agreements”) D.

On the other hand, E also transferred 1,500 shares to the Defendant 1,800 shares and E, and the share status following such share transfer is as listed below.

Plaintiff A 15,600 shares, Plaintiff B 6,200 shares (4%) 20% of Defendant B-6,000 shares (20%) Defendant E-8,400 shares 1,800 shares (6%) Defendant B-8,400 shares (5%) and 1,500 shares shares (5%) held by Plaintiff A 14,400 shares E-48% E-5,100 shares 5,100 shares 17% of Defendant 9,000 shares and 30% G1,50 shares.

E. On February 18, 2016, the Defendant borrowed KRW 100,000,000 from H as collateral an apartment building owned by the Defendant from H (hereinafter “H”), and on February 25, 2016, 60,000,000 with the I Account under the Plaintiff’s name (Account Number Justice) and the I Account Number in the Plaintiff’s name.

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