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(영문) 서울고등법원 2021.02.05 2019나2053328

주식명의개서절차이행청구 등

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The Plaintiff’s appeal against the Defendants and Defendant B’s appeal against the Plaintiff are all dismissed.

The plaintiff.

Reasons

1. Basic facts

A. On January 8, 2015, Defendant B Co., Ltd. (hereinafter “Defendant”), D District Housing Association Establishment Promotion Committee, and E Co., Ltd. (hereinafter “E”) enter into a contract on joint projects with the Defendant Company (hereinafter “A1”) and E (hereinafter “E”) with respect to the construction of new apartment units of the Seoul Yeongdeungpo-gu Seoul Metropolitan Government District Housing Association (tentative name) with respect to the following matters in relation to the construction of new apartment units of the Seoul Metropolitan Government District Housing Association (hereinafter “instant joint projects”).

Article 3 (Joint Business Method) “A” and “B” shall share and cooperate with each other in order to achieve the objectives of the Project as follows:

1.For the Project, a corporation shall be promoted to the Defendant and shall establish and promote a special purpose company (SPC) separately as necessary.

2. The representative of the juristic person as referred to in paragraph (1) shall be each joint representative, and the number of these photographs shall be the same; and

4. The distribution of shares shall be 50% in the case of “A” and “B”:

Article 4 (Sharing and Rolesing Expenses)

2. Roles of B;

(b) Article 6 of the initial fund of KRW 1 billion due to the new establishment of a model house (the redemption and timing of investment);

1.The investment cost of one billion won shall be recovered in the top priority order in the occurrence of profits, but the timing shall be subject to separate consultation;

Article 7 (Distribution of Profits)

1. Profits: Expenses for sharing the expenses for a cooperative member's vicarious execution - 20 million won per household: Profits from the commercial buildings reverted to the operating agency and other agreed profits;

2.To distribute the above proceeds to “A” and “B” at the same rate agreed upon.

A joint project agreement (hereinafter referred to as “instant joint project agreement”) was concluded.

B. E, based on the instant joint project agreement, KRW 1.3 billion in total with the Defendant Company from January 8, 2015 to June 26, 2015 (the amount invested under Article 4(2)(b) of the instant joint project agreement is KRW 300 million.