주주권 확인 등 청구의 소
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, except for adding the judgment of the court of first instance under Paragraph (2) below, thereby citing it as it is in accordance with Article 420 of the Civil Procedure Act.
(No. 4 of the first instance court's decision No. 17 is "Article 4," "paragraph 5 of the first instance court's decision No. 18 is "Article 5," and "paragraph 7 of the second instance court's decision No. 20 is "Article 7," respectively). 2. Additional decision No. 2.
A. The plaintiff's assertion of the defendants must perform the duty to settle accounts against the members, including the defendants, but can take over shares, corporation and management rights in accordance with the agreement of this case (Evidence A7). Since the plaintiff did not complete the settlement of accounts, the agreement of this case was null and void.
Even if the agreement of this case is not null and void, if the plaintiff intends to seek the transfer of shares, he/she shall first select the obligation to settle the accounts in accordance with Articles 5 and 7 of the agreement.
B. The judgment of the court below stated in Article 7 of the Agreement that "the time of succession to a corporation shall enter into force at the time of completion (the corresponding date of the contract). In addition, this agreement shall be null and void from that date," and it shall not be construed to mean that the agreement shall become null and void if it fails to meet the completion date stipulated in the Agreement, and shall not be construed to mean that the agreement shall become null and void or that the settlement shall be made prior to the transfer of shares if it fails to settle the agreement, and no other evidence exists to acknowledge the defendants' assertion.
The above assertion by the Defendants is without merit.
3. As such, the conclusion of the first instance judgment is justifiable, and all appeals by the Defendants are dismissed as it is without merit. It is so decided as per Disposition.