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(영문) 서울고등법원 2016.08.12 2015나2074532

주식양도양수계약 무효확인

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The Plaintiffs subject to the judgment of this court sought the implementation of the transfer procedure and the return of unjust enrichment equivalent to the dividend amount in the first instance court. The court of first instance accepted the transfer procedure performance claim, and dismissed the claim for return of unjust enrichment.

In this regard, the appeal is filed only with respect to the claim for the implementation of the transfer procedure, which is the part against the defendant only.

2. The reasons why the court has cited the judgment of the court of first instance for this case is "1. Recognition" among the reasons for the judgment of the court of first instance;

2. The judgment on the claim for performance of the transfer procedure for each of the shares of this case is identical to the part of the "decision on the claim for performance of the transfer procedure for each of the shares of this case".

3. The decision of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.