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(영문) 서울동부지방법원 2019.10.17 2017가합107313
주주권확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are children of C who died on May 14, 2016 (hereinafter “the deceased”). At the time of the deceased’s death, the heir was the Plaintiff and Defendant 2, and the statutory inheritance portion was 1/2, respectively.

B. The amount paid by the deceased to the Defendant (1) is KRW 767,263,603 in total four times from May 29, 2007 to October 31, 2007, and KRW 402,604,451 in total over 16 times from June 5, 2008 to May 2, 2013.

(2) The amount of money that was withdrawn from the G bank account (Account Number: H) in the name of the Deceased was deposited into the D account in the name of the Defendant at the same or nearest time is KRW 356,48,398, totaling 74 times from August 7, 2009 to July 12, 2013.

(3) The amount transferred from the G bank account in the name of the Deceased to the I Bank account in the name of the Defendant (Account Number: J.K.) and the amount transferred, as it is or in part, to the D account in the name of the Defendant, is the sum of KRW 186,272,187 from August 2012 to March 2015.

C. The amount paid by the Defendant to the Deceased is KRW 312,836,131 in total over ten times from June 10, 2008 to April 3, 2012. The amount deposited by the Defendant to the G bank account under the deceased’s name is KRW 448,06,220 in total over 495 times from January 23, 2009 to December 30, 2014 (i.e., KRW 312,836, KRW 48,06,066,220 in total, KRW 760,902,351 in total (i.e., KRW 312,836, KRW 48,06,220 in total).

From 1983 to 2015, the Defendant’s status of the Defendant’s wife L income is KRW 1,283,573,43 for earned income; global income during the same period is KRW 2,388,471,356 for total of KRW 1,104,897,923 (= KRW 1,283,573,433,104,897,923); earned income is KRW 82,191,550 for the Defendant’s wife L from 1983 to 2016; global income is KRW 1,408,491,960 for total income from 1983 to 2015 plus KRW 1,490,683,510 for total income = 82,191.

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