주주권 확인 등
The plaintiffs' claims against the defendants are dismissed in entirety.
The costs of lawsuit shall be borne by the plaintiffs.
1. Basic facts
A. Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company established on July 5, 2018 for the purpose of waste recycling business, etc., and Defendant C is the only shareholder whose name is indicated as a director of the Defendant Co., Ltd and the shareholder registry of the Defendant Co., Ltd. as the total number of shares issued by the Defendant Co., Ltd. since its incorporation.
B. On June 26, 2018, Defendant C and Defendant C were merged into I land on August 29, 2018 with the real estate listed in the separate sheet No. 2 attached from Defendant C (hereinafter “instant real estate”).
A sales contract with respect to the purchase amount of KRW 3.7 billion (in the event of a contract amounting to KRW 200 million, KRW 3.5 billion, KRW 3.5 billion, KRW 3.5 billion) was concluded (hereinafter “instant sales contract”). According to the said sales contract, Defendant C paid the down payment to E.
Paragraph 3 of the Clause of the contract of this case states that "if the purchaser is requested to change (individual corporation) the buyer after the conclusion of the contract of this case, the seller will cooperate."
C. After the establishment of July 5, 2018, the buyer of the instant sales contract was changed from Defendant C to the Defendant Company.
The Defendant Company received loans from F and paid in full the balance under the instant sales contract to E, and completed the registration of ownership transfer on October 18, 2018 for the instant real estate in the name of the Defendant Company.
The Defendant Company received a notice of conformity with the waste disposal business plan, which is the site for installation of facilities and equipment, from the Sungsung market, as a type of business for comprehensive waste recycling business on December 10, 2018. On June 4, 2019, the Defendant Company received the notice of waste disposal business license as above.
[Reasons for Recognition] Facts without dispute, Gap evidence 2 to 5, 7, 8, 13 (including each number, hereinafter the same shall apply) and Eul evidence 1, 4, and 5.