소유권말소등기
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 18, 2015, the Plaintiff entered into an agreement on acceptance of shares and an agreement on acquisition of shares is a company whose business purpose is the locking device manufacturing business, real estate sales business, etc., and the Defendant (the Plaintiff (the representative: D at that time) and the Defendant (the representative: director E) entered into an agreement on September 18, 2015 on the acquisition of the Plaintiff’s shares, 70% of the Plaintiff’s shares owned by D and F couple, and the Plaintiff’s reasonable factory (each of the instant real estate) and Pyeongtaek-si factory, Plaintiff’s sales credit, cash assets, etc., and then E, a representative of the Defendant as of October 8, 2015, who was the Defendant’s representative, entered into an agreement on acquisition of shares from D with the Plaintiff 51,000 shares (51%), and the acquisition of shares from F to the Plaintiff 19,000 shares (19%) respectively.
B. After taking over D and F’s shares pursuant to the above stock acquisition agreement as seen above, the Plaintiff assumed office as the Plaintiff’s representative director. On February 13, 2017, the Plaintiff entered into a sales contract with the Defendant (former representative: Company Director G) on which the Plaintiff sold each of the instant real estate in KRW 2.8 billion to the Defendant, but the purchase price succeeds to the Defendant’s obligation to loans to H (hereinafter “the instant loan obligation”) to each of the instant real estate borne by the Plaintiff, and the Defendant succeeds to the Defendant, the sales price, except for the said loan, deducts loans (loan) on account books from both parties, and if any difference occurs after deduction, the sales contract was to be paid separately after consultation (hereinafter “instant sales contract”). On February 22, 2017, the Plaintiff completed the registration of ownership transfer with respect to each of the instant real estate to the Defendant.
C. After the preparation of the written agreement, the Plaintiff transferred 70,00 shares of the Plaintiff to F without compensation between F and F on March 13, 2017 (70%) and the Plaintiff’s representative director is changed to F, and the Plaintiff’s assets and liabilities are currently accepted by F.