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(영문) 서울고등법원 2015.02.13 2014나24176

손해배상

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the whole purport of the pleadings in the descriptions of Gap evidence 1 to 3, evidence 4-1 to 4, evidence 5, evidence 6-1 to 3, evidence 6-1 to 7, evidence 8, evidence 11 to 15, evidence 16-1, 2, and evidence 1 to 4.

The defendant, among the 20,000 shares originally issued and outstanding, owned 3,000 shares of each of 7,000 shares issued by the plaintiff and 7,00 shares issued by the plaintiff and 7,00 shares by the plaintiff, the mother of the plaintiff and 3,00 shares by the plaintiff and 3,00 shares by the plaintiff and the representative director, E and S respectively, and the plaintiff

B. On August 23, 1996, E and the Defendant concluded a corporate transfer contract with D (hereinafter “instant corporate transfer contract”) on behalf of the Defendant’s shareholders to transfer KRW 12,671 square meters of the total number of five parcels, including 14,411 square meters of the total number of shares issued by the Defendant and the total number of five parcels, including 2,021 square meters of the Cheongju-si, a city located in the Cheongju-si, a city located in the Seoul Special Metropolitan City prior to the division owned by the Defendant, to KRW 1,60,000 of the purchase price (hereinafter “instant transfer contract”). The main contents of the instant corporate transfer contract are as follows.

§ 1. The indication of the transferor corporation: the indication of the assets to be transferred by the defendant

A. 100% of the shares issued by the Defendant

B. In the case of real estate owned by the Defendant: The indication of real estate to be transferred under Article 3 of the total area of 14,411 square meters, including the total area of 2,671 square meters in Cheongju-si, Cheongju-si, the total area of 2,021 square meters in T field, 3,723 square meters in U.S., 1,567 square meters in 5,126 square meters in V forest, and 5,974 square meters in W forest land (hereinafter “instant land”): The remainder of 12,671 square meters in land of this case: 1,670,000,000 won under Article 5(3) under the payment terms of the transfer price: 870,000,000 won under the payment terms of 450 square meters in land (attached Form 1; hereinafter “the instant part”).

(3) The land excluded from 12,671 square meters among real estate 14,411 square meters among the subject matter of sale shall be refunded to the transferor immediately after the division.

(4) A transferee shall arbitrarily close or close a road within a complex.