근저당권설정등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. B and C entered into a contract to acquire the Plaintiff’s management right (hereinafter “instant underwriting contract”) by acquiring C’s shares 2,500 shares and 50 shares of D’s shares on April 2, 2010, with the purpose of making soup and soup, etc. as a company established on February 4, 2009, which is the owner of the instant real estate. Since the establishment of the Plaintiff, C and D respectively held 2,500 shares issued by the Plaintiff. B entered into a contract to acquire the Plaintiff’s management right (hereinafter “instant underwriting contract”) with C on April 2, 2010 by acquiring 2,50 shares of C and 50 shares of D’s shares, and issued one cashier’s checks (200 million won in face value) and one promissory note (188,000,000 won in face value) issued by Hyundai Enterprise Co., Ltd.
In addition, at the plaintiff's temporary general meeting of shareholders held on the same day, B was appointed as director and representative director, and E was appointed respectively as inside director, and the registration of change of director was completed on April 6, 2010.
B. On April 30, 2010, B entered into an agreement with C on April 14, 2010 to determine the acquisition price at the time of the instant underwriting contract without fixing the acquisition price, and after taking the office of the representative director, C sent a written notification of performance stating that “B shall return promissory notes and checks paid as acquisition price, as the Plaintiff’s financial status was already in capital potential as a result of the actual inspection of the Plaintiff’s financial status after taking the office of the representative director.” Accordingly, C delayed the payment of KRW 420 million under the instant underwriting contract, on the ground that “B does not pay the said price by May 24, 2010, without a separate declaration of intention” (hereinafter “instant notification”).
3 On May 27, 2010, C requested B to hold a temporary general meeting of shareholders to improve executives on the ground that the instant underwriting contract was rescinded and the shares transferred to the said underwriting contract were returned to C, etc. by failing to implement the instant notice.
B. this.