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(영문) 서울중앙지방법원 2015.12.15 2014가단5240627
주식인도등 청구의 소
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 party-related net F was a child between Plaintiff A and his spouse, and Defendant D was a spouse of G, H, Plaintiff B, and C, and Defendant D is a male spouse of G.

B. The inheritance-related net FF died on August 18, 2010.

Accordingly, the inheritance shares of Plaintiff A are 3/11, and the inheritance shares of Plaintiff B and C are 2/11, respectively.

C. Defendant E Co., Ltd. (hereinafter “Defendant E Co., Ltd.”)’s list of shareholders was established on January 8, 1986. At the time of incorporation, the total number of shares issued was KRW 10,00,000, but the total number of shares issued was 40,000,000,000, and the total number of shares issued was 18,750,000. However, the share certificates was not issued. (ii) around 2008, around 200, around 200, the share certificates of Defendant Co., Ltd. held by J were entirely changed to Defendant D’s name in around 2012.

(hereinafter the above 8,00 shares plus 8,00 shares hereinafter referred to as "the shares of this case"). 【No dispute exists, entry of Gap evidence 1 through 5, 7, Eul evidence 1, 2, 3, 5, 14 through 18 (including the provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiffs’ assertion that the shares of this case were held in title trust by the networkF with I and J, and the beneficial shareholder is the networkF.

I’s shares 4,00 shares and 4,000 shares in J’s name were re-titled in Defendant D’s name before and after the decedent’s death. Plaintiff B, the heir of the networkF, upon termination of the title trust agreement with Defendant D, sought confirmation of the shareholders’ rights of the shares of this case as stated in paragraph (1) of the claim, and the Plaintiffs seek implementation of the transfer procedure in the name of the Plaintiffs against the Defendant Company, as described in paragraph (2) of the claim.

3. Determination

A. The Plaintiffs, under the premise that the instant shares are inherited property of the networkF, filed a claim as stated in the purport of the claim. Therefore, the instant shares are first stated.

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