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(영문) 대구지방법원안동지원 2015.08.13 2014가합892

여객자동차운송사업등록 명의변경 등

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1. The defendant shall be the plaintiff.

A. Attached Form

1. Matters concerning the registration of passenger transport business entered in the list;

Reasons

1. The following facts of the recognition do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings in Gap evidence 1 to 4, 6, and Gap evidence 5-1 to 10:

The plaintiff and the defendant are companies running automobile transportation business.

B. On October 30, 2014, the Plaintiff (agent C) entered into a contract with Defendant (Representative Member D) to purchase the Defendant’s chartered bus transportation business right, registered vehicle, etc. (hereinafter “instant contract”). The main contents are as follows.

1. The defendant sells to the plaintiff all shares indicated on the defendant's chartered bus transport business and registered vehicles.

2. To sell and transfer all equity shares of shareholders and employees registered in the non-corporate group D other than the defendant representative members D;

3. The purchase price of all shares and rights by the defendant shall be 60 million won.

10. 60 million won shall be deposited into D’s account.

C. D, the representative member of the defendant, is the copy of the defendant's business registration certificate at the time of entering into the contract of this case, and the attached Form

2. A copy, etc. of the registration certificate concerning each motor vehicle stated in the list was issued.

On October 30, 2014, the Plaintiff transferred KRW 60 million to D’s account.

2. Determination

A. According to the above facts of determination as to the cause of claim, the defendant shall, unless there are other special circumstances, attach the name of the defendant in accordance with the contract of this case to the plaintiff.

1. Procedures for the registration of passenger transport business (sub-city bus) entered in the list, and the change of the name thereof;

2. With respect to each motor vehicle indicated in the list, procedures for the transfer of ownership shall be implemented as a result of the contract of this case.

2. There is a duty to deliver each motor vehicle recorded in the list;

B. Determination 1 on the Defendant’s assertion 1) Whether the instant contract is null and void as a provisional contract is a provisional contract, and C is the Plaintiff as to the content of the instant contract.