logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.09.16 2013가단221341
주식인도청구의소
Text

All of the plaintiffs' claims are dismissed.

All the costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The party-related networks D had four shapes E, F, Plaintiff B, and G between Plaintiff A and the Defendant is the spouse of South Korea.

B. Inheritance-related Network D died on August 18, 2010.

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

C. The Defendant H Co., Ltd. (hereinafter “H”)’s holding of shares was established on January 8, 1986. At the time of its incorporation, the total number of shares issued was KRW 10,00,000, but the total number of shares issued was KRW 40,000,000, but the total number of shares issued was KRW 18,750,000. However, the share certificates was not issued. (ii) around 2008, around 2008, H shares held by H 4,000, which were changed to the Defendant’s name.

(hereinafter the above 8,00 shares plus 8,00 shares "the shares of this case"). 【No dispute exists, Gap evidence Nos. 1 through 4, Gap evidence No. 7, and the purport of the whole pleadings.

2. The Plaintiffs’ assertion that the shares of this case were trusted by the network D under the name of I and J, and the beneficial shareholder is the network D.

Therefore, even though the shares of this case were transferred to the deceased D's inherited property, the defendant had done it under his own name.

Therefore, the defendant has the duty to confirm that the shareholders' rights of the shares of this case are against the plaintiffs according to the ratio of inheritance shares.

3. Determination

A. A person registered as a shareholder in the register of shareholders is presumed to be a shareholder of the company and has the burden of proof in order to reverse this.

(Supreme Court Decision 2014Da218511 Decided December 11, 2014). B.

In light of the following circumstances, the submission of the Plaintiffs’ evidence alone is insufficient to acknowledge the trust of the instant shares to I and J, and there is no other evidence to acknowledge it.

1 I was an employee of K hotel operated by the defendant's husband E, and J was the defendant's husband, and both are close to the defendant's side.

arrow