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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. The following facts can be acknowledged in full view of the entries in Gap evidence Nos. 1, 2, 3, 5, and 9 (including a serial number; hereinafter the same shall apply) and the whole purport of the pleadings, unless there is a dispute between the parties or in full.
1) The Plaintiff and E filed a marriage report on August 13, 1992. The Plaintiff and E filed a divorce lawsuit against E (Seoul Family Court Branch Office Branch Office 2014Ddan2128) and the judgment was rendered on July 22, 2015, and the appeal filed by E was dismissed and its judgment became final and conclusive. 2) The Defendants are children of the Plaintiff and E prior to their marriage with the Plaintiff.
B. E established and substantially operated D Co., Ltd. (hereinafter “D”) on July 2, 2003.
(c) At the time of establishment D issued 100,000 common shares of KRW 100,000 at par value, and the changes in stock holdings are as listed below:
The number of shares allocated to the shareholders on 16,000 capital increase on 2005, 2005 capital increase on 16,000 4,800 11,200 G 200 G 20,000 6,000 6,000 14,000 15,000 4,500 4,500 10,500 0 149,000 34,300 34,300 19,60 34,6030 J 6,300 6,300 8,408,400 8,700 9,700 K9,000 212,000 214,700 14,700 10,7010, 2010, 30
D. On April 26, 2013, E filed a lawsuit seeking the transfer of the said 34,300 shares in the Plaintiff’s name against the Plaintiff Company I (Tgu District Court Branch Branch of Pohang District Court 2012Gahap865) and received a favorable judgment. The judgment became final and conclusive as it did not file an appeal by I.
After that, E received the above shares in accordance with the above judgment.
E. The plaintiff is earlier.
As seen in the foregoing paragraph, a divorce suit was filed against E. The Defendants’ shares were not included in the divided property on the ground that the instant lawsuit is pending, and the Plaintiff was included in the divided property and acquired 17,150 shares that correspond to 1/2 of them.