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(영문) 대구고등법원 2015.10.20 2014나4539
주식반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The deceased C had his/her father E, F, G, H, and Defendant between his/her wife under law and his/her father, and he/she had his/her father with his/her de facto marriage wife I, and K is the husband of F and his/her father.

B. On February 19, 193, the network C is the representative director, and M was appointed as the representative director on the same day, and on July 7, 1993, K was appointed as the representative director, and at present K and L are registered as the joint representative director.

C. The deceased C died on January 14, 1995.

The shares of the Plaintiff Company in the business year of 2003 and the business year of 2009 were owned by D 1,700 shares, K 765 shares, E 950 shares, F 52 shares, G, H, and Defendant respectively, and transferred all shares held by D, E, G, and H around February 24, 2010 to K.

E. Meanwhile, the registration of ownership transfer in the name of the Defendant was completed as of September 26, 1998 by the Daegu District Court on the ground of sale as of September 19, 198, as of September 26, 1998.

[Ground of recognition] Facts without dispute, Gap evidence 1, 7, 9-1 through 4, 10, Eul evidence 1, 2 and 5, and the purport of the whole pleadings

2. Determination on a request for issuance of stocks

A. After the Plaintiff’s assertion C dies, D and E shared share 3,456 shares held by the deceased C and 2,50 shares that K acquired from M were divided by the remaining inheritors except J. In the case of unmarried H and the Defendant’s marriage, the Plaintiff will return to K shares upon the Defendant’s marriage in the application for change of the claim and the cause of the claim as of July 7, 2014.

In light of the fact that K was working as the representative director of the Plaintiff Company, and that the Plaintiff claimed against the Defendant that the shares of this case be returned to it, “the shares will be returned to the Plaintiff Company.”

"The assertion that there was an agreement".

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