소유권이전등기말소 등
1. The Plaintiff’s appeal against the Defendants and the selective claim against Defendant D added in the trial are all dismissed.
1. Basic facts
A. The status of the parties (1) The Defendant Limited Company C (hereinafter “Defendant C”) is a limited liability company established on February 7, 1992 for the purpose of alcoholic beverage sales business, etc.
(2) On July 24, 2009, the Plaintiff was appointed as a director or a representative director of Defendant C, but was dismissed from office as a director or a representative director on March 30, 201 through a resolution of the general meeting of partners held on March 30, 201, and thereafter, he again assumed office as a director or a representative director of Defendant C on November 18, 201.
(3) Defendant D served as a director of Defendant C from January 1, 2004 to June 12, 2008, but was once again appointed as a director of Defendant C on July 8, 2008. On March 30, 2010, Defendant C was appointed as the representative director of Defendant C, but resigned on November 18, 201.
(4) From December 5, 2008, Defendant B served as the representative director of the two different alcoholic beverage sales company (hereinafter “dual alcoholic beverage sales”).
B. The shares of a limited liability company are shares of a limited liability company, and the parties will have to state “stocks” in accordance with the terms used in a contract, etc.
(1) On June 10, 2008, D entered into a sales contract with the Defendant C’s 3750 shares (hereinafter “instant shares”) owned by K to purchase KRW 152,50,000 for the purchase price, and paid to K the purchase price of KRW 15 million on June 20, 2008 and KRW 135 million on June 24, 2008, respectively.
(2) On June 19, 2008, the Plaintiff concluded a sales contract with Defendant D to purchase the instant shares in KRW 200,000 (hereinafter “instant sales contract”).
(3) The Plaintiff deposited KRW 202,500,000 on June 20, 2008 in the account under Defendant D’s name, his own partner, and KRW 120,000 on June 23, 2008, and KRW 30,000 on June 26, 2008, respectively, and paid KRW 202,50,000 on July 3, 2008, in his own name, by depositing KRW 22,50,000 on the purchase price under the instant stock sales contract.
C. Conclusion, etc. of the instant real estate sales contract