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The plaintiff's respective claims against the defendants are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant B is the wife of E, who died on October 16, 2018 (hereinafter “the Deceased”), and Defendant C is the wife of G, a woman of the Deceased.
The plaintiff is a dependent of the deceased, and H and I, a joint inheritor, have renounced their inheritance, thereby becoming the sole heir of the deceased.
B. Defendant D (hereinafter “Defendant D”) completed the registration of incorporation on April 30, 2014, and the deceased was appointed as the representative director, and Defendant B was appointed as the auditor on July 13, 2017. The representative director was replaced by Defendant B on July 13, 2017.
(c)
At the time of establishment, the Defendant Company issued 20,00 shares of 20,000 shares, among which 16,000 shares were possessed by the Deceased, and the other 4,000 shares were possessed by the Deceased.
(d)
As of January 20, 2017 between the Deceased and Defendant B, a share transfer agreement was made between the deceased and the Defendant that the shares of KRW 140 million, out of the shares owned by the deceased, will be transferred to Defendant B at a transfer price of KRW 70 million. On July 10, 2018, a share transfer agreement was made between the deceased and the Defendant C that the shares of KRW 200,000, which are held by the deceased, will be transferred to Defendant C with the transfer price of KRW 10,000,000, and the shares transfer price of KRW 10,000,000 among the shares held by the deceased was entered in the shareholders list of the Defendant Company.
[Grounds for Recognition] Unsatisfy, entry in Eul evidence Nos. 11 and 12 (including each number), the purport of the whole pleadings
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion (1) was entrusted to Defendant B with the title of 14,00 shares owned by the deceased, and the Plaintiff’s heir, as the deceased’s heir, terminates the trust agreement under the name of the deceased’s heir.
Therefore, Defendant B is obligated to deliver to the Plaintiff the share certificates of KRW 5,000 registered ordinary shares of KRW 14,00,000 in the face value of the issuance of the Defendant Company.
(2) Defendant C forged a contract for acquisition of shares in the deceased’s name before the deceased’s death and illegally occupied share certificates against the deceased’s shares 2,000 shares.
Therefore, it is against the above 2,00 note.