명의개서청구등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “B”) was a juristic person established on March 17, 200, and acquired 3,000 shares out of 10,000 shares of common shares which are 5,000 par value at the time of its incorporation by Defendant C. At the time of its incorporation, Defendant C acquired 110,00 shares of common shares, which are 5,000 shares of common shares, around February 13, 2004.
B. On March 3, 2003, Defendant C entered into a contract for share transfer and takeover (hereinafter “instant contract for share transfer”) with the effect that Defendant C would transfer to the Plaintiff KRW 5 million common shares of KRW 1000,000 of the face value of Defendant B (hereinafter “instant shares”). On the same day, Defendant B’s representative director E, directors F, G, and Defendant C guaranteed the Plaintiff the performance of the instant contract for transfer (hereinafter “instant contract for transfer”) as follows.
At present, at 100% (10,000 shares) of Defendant B’s shares, the Plaintiff’s shares are 1,000 shares per 10%.
In the event that Defendant B’s capital increase or capital increase without compensation is made, the Plaintiff’s shares to the transferee shall always be increased by 10% of the total shares due to capital increase without compensation (see, e.g., Supreme Court Decision 10% of the total shares at all times). The transferee’s capital increase, authorization and permission, civil engineering, machinery equipment, and money costs are
C. On March 7, 2003, Defendant B borrowed each land located in H, I, and J from K Bank as collateral, and on the same day set up a collateral security, which is the maximum debt amount of KRW 1.1 billion, the debtor, the debtor B, and the creditor-mortgaged bank, with respect to each of the above land. The registration of the establishment of a collateral security was cancelled on October 20, 2006.
[Ground of recognition] Unsatisfy, Gap evidence 1 through 4, 6 through 10, Gap evidence 5-1 and 2, Gap evidence 5-2, result of an order of submission of taxation information to the director of the Seosan Tax Office of this court for submission of taxation information, purport of the whole pleadings
2. The assertion and judgment
(a)a party’s assertion 1.