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(영문) 울산지방법원 2015.06.05 2014가단14145

지분소유권이전등기

Text

1. The defendant shall transfer to the plaintiff on May 24, 2005 the share of 1/5 of each real estate stated in the separate sheet to the plaintiff.

Reasons

1. Facts of recognition;

A. On November 4, 2014, the Plaintiff is a representative director of Hyundai Matia Co., Ltd. (hereinafter referred to as “B”) with the purpose of manufacturing and selling main steel products for automobiles on November 4, 201, whose trade name was changed from AMM Industry Co., Ltd. to Meatia Co., Ltd. on January 1, 2006, and on January 1, 2011, Hyundai Matia Co., Ltd. (hereinafter referred to as “Plaintiff”); and the Defendant is a representative director of B (hereinafter referred to as “B”) with the business of manufacturing and selling automobile parts.

B. On May 24, 2005, the Plaintiff entered into an asset acquisition agreement with B and B on the basis of the first balance sheet as of December 31, 2004, to acquire assets related to automobile parts manufacturing and automobile manufacturing machinery business, and all rights incidental thereto. On the basis of the first balance sheet as of December 31, 2004, the Plaintiff entered into an asset acquisition agreement (hereinafter “property acquisition agreement of this case”). Based on the balance sheet as of June 1, 2005, which is the execution date of the contract, to prepare the standard balance sheet as of June 1, 2005, and to adjust the above acquisition amount based on it.

(2) The instant asset acquisition agreement included the share in the Defendant’s name in the D apartment located in the Jung-gu Seoul Metropolitan Government, Ulsan Metropolitan City (hereinafter “instant apartment”) and the said apartment house 31 households and one commercial building in a state of not being registered.

(3) On October 25, 2005, the Defendant completed the registration of ownership transfer in the name of the Plaintiff on the share of the site of the instant apartment that was in the future of the Defendant.

(4) On October 31, 2005, the Defendant: (a) as the representative director B of the instant asset acquisition agreement, concluded to adjust the price of the transfer of the instant asset acquisition agreement from KRW 2.5 billion to KRW 2.3 billion; and (b) concluded an agreement to cooperate in the transfer of the employee apartment building in the name of an individual (representative A); and (c) signed an agreement to cooperate with the Plaintiff on the adjustment of the acquisition price so that the household metal can be succeeded to the full legal authority in the future.

(c)in this case;