주식반환청구
1. Defendant C’s KRW 2,755,356 as well as the Plaintiff’s annual rate of KRW 5% from November 6, 2019 to May 27, 2020.
Basic Facts
1) Co., Ltd. D (hereinafter “D”)
As of November 2, 2017, the company’s corporate registry was established on November 3, 2017, and on the same day, the company’s corporate registry entered that Defendant C and B were appointed as both inside directors and representative directors, and Defendant C and auditors. 2) As of November 2, 2017, the company’s corporate registry as of November 2, 2017, entered that the company’s shareholder registry as of 200 shares (200 shares) holds 68 shares (34%) and 132 shares (66%). As of April 2018, the company’s shareholder registry as of January 3, 2018 stated that Defendant C had 68 shares (34%), 66 shares (33%) and 66 shares (33%) held by E.
Attached Form
On December 11, 2017, the registration of ownership transfer for the buildings listed in the list (hereinafter referred to as "the building in this case") was completed on the same day as D on the same day, and on November 4, 2019, the registration of ownership transfer was completed on the same day on the same day in G Co., Ltd.
【Defendant B: Defendant C: (a) without dispute; (b) written evidence Nos. 4, 10, and 14; and (c) the purport of the entire pleadings and arguments No. 7; (c) the gist of the Plaintiff’s assertion that the confession is made (Article 208(3)2, and the main text of Article 150(3) of the Civil Procedure Act); (c) the Plaintiff was aware of the fact that an auction on the building of this case is underway on or around September 2017; and (d) the Plaintiff agreed to jointly purchase the building between H and the owner of the building of this case on or around October 2017.
Under the agreement with H, the Plaintiff established a corporation and decided to purchase the said building in the name of the corporation, and established D on November 3, 2017 and received a successful bid for the said building in the name of D on December 11, 2017.
With respect to the establishment of D and the adjudication of the auction of the above building, the Plaintiff directly carried out the procedure for the establishment of the above company through I by bearing the funds necessary for the establishment of the above company, and the Plaintiff and H paid all the auction price of the above building.
A bid bond of KRW 16,167,600 among total auction price of KRW 222,33,444 is jointly owned by the plaintiff and H.