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(영문) 대전고등법원 2014.12.18 2012나5726
주주권확인 등
Text

1. The part of the judgment of the court of first instance against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Defendant F.

Reasons

1. Basic facts

A. Defendant B’s form, Defendant B’s co-defendant E (former name I) in the first instance trial, and Defendant B’s wife, Defendant C, and D are the wife and children of Defendant B.

B. On August 27, 2006, the Plaintiff, Defendant B, and Defendant E, the father of the Co-Defendant E of the first instance court, died, and Defendant B, Defendant E, Defendant E, Plaintiff, Nonparty L, and M succeeded to J.

C. Defendant B filed an appeal for the division of inherited property and the contributory portion against K and the Plaintiff, the co-defendant E, the Nonparty L, and the contributory portion ( Daejeon District Court’s Family Branch Branch Decision 2007Rahap12, 2008Rahap2), and on October 23, 2009, the judgment of the first instance court dismissing Defendant B’s claim for the contributory portion by dividing the inherited property and the contributory portion into the heir’s real property, shares, claims, etc. and paying money to K by the heir except K, and the judgment of the court of first instance rejecting the claim for the contributory portion

Accordingly, with respect to the adjudication on the division of inherited property, Defendant B appealed against the adjudication on the division of inherited property (Seoul High Court Decision 2009B7 and 8), and on March 17, 2010, both the Plaintiff and Defendant B’s appeal are dismissed, and the details of the division of inherited property and obligations are somewhat altered, and the heir, other than K, provided that the heir would pay the changed amount of money to K, the judgment of the court of the second instance that modified the part regarding the claim on division of inherited property was rendered.

Accordingly, the Plaintiff and Defendant B re-appealed (Supreme Court Decision 2010Switzerland76, 77) but the second instance judgment became final and conclusive on June 4, 2010.

(hereinafter “instant case’s inherited property division trial”). 【No dispute exists, Gap’s evidence No. 4, Eul’s evidence No. 13-1, and the purport of the whole pleadings.

2. As to the claim against the defendant B, C, and D for the confirmation of shareholder's rights

A. Part 1 on the shares issued by G Co., Ltd. (A) Plaintiff (1) did not transfer 2,634 shares issued by G Co., Ltd. (hereinafter “G”) under the Plaintiff’s name on December 26, 2003.

Nevertheless, Defendant B, the representative director of G, was the Plaintiff.

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