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(영문) 서울고등법원 2016.06.17 2015나2033470

주권인도 등 청구의 소

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. Status 1) E is F Co., Ltd. (hereinafter “F”).

) The Plaintiff was the shareholder and the vice president of the Republic of Korea. Plaintiff A was denied, and Plaintiff B was the shareholder and the representative director of the F.

3) G is the father of H, and Defendant D is the denial of H. B. E and H’s written agreement 1) E drafted on April 16, 2014 the following written agreements (hereinafter “instant agreement”).

(1) H shall return all the shares acquired by G under a contract entered into between Defendant C and G, to Defendant C.

(Article 1. (2) H shall require Defendant C to submit a resignation letter of directors appointed by G at the temporary general meeting of shareholders on November 2013.

(3) H is to terminate provisional attachment of No. 102, 102, 3501, F, Seoul Jung-gu I building owned by E;

(3) (4) H shall withdraw the action filed by F against E in the damages claim No. 2014Gahap12107.

(3) As of March 14, 2014, the Plaintiffs, as of March 14, 2014, sold the real estate indicated in the attached Table 3 to Defendant D for a purchase price of KRW 2.7 billion between Defendant D and the Plaintiffs, as of March 14, 2014, prepared a real estate sales contract with the purport that Defendant D will take over the secured debt 1,496,700,000 of the secured mortgage, which was established on the said real estate. [Grounds for recognition] There is no dispute over the existence of any dispute, the evidence No. 1, No. 2, and No. 3 (each entry, including a separate number), and the purport of the entire pleadings.

2. The plaintiffs' assertion

A. Defendant C borrowed KRW 1.2 billion from G and offered the F shares owned by it as security.

After that, G’s ASEAN, acting as a representative of G, threatened E with signing documents stating that “E would incur property damage to F while working in F,” and E is such.