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(영문) 서울남부지방법원 2017.10.13 2016가합110391

주식 명의개서절차이행

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff (hereinafter referred to as the “Plaintiff Company”) is a housing construction business, comprehensive construction business, and civil engineering business, and the Defendant (hereinafter referred to as the “Defendant Company”) is a stock company engaged in collecting earth and rocks, crushing business, etc.

On January 12, 2011, the name of the Defendant Company was changed from C to D, and on December 27, 2013, from D to its trade name.

B. The Plaintiff’s representative director E paid a total of KRW 120,000,000 on November 28, 2014, and KRW 120,000,000 on December 3, 2014 to the Defendant Company and the Defendant Company’s representative director F with investments, and then made an investment agreement necessary for the permission and development of earth and rocks collection facilities (hereinafter “the instant project”) to transfer KRW 150,000,000 to E (the “person designated by the Plaintiff Company”) after December 6, 2014, the Plaintiff Company invested KRW 150,000 in the earth and rocks collection project implemented by the Defendant Company (hereinafter “the instant project”), and as a result, returned two years after the implementation of the project, and as a result, prepared an agreement to transfer ten percent of the shares of the Defendant Company F owned to E (the “person designated by the Plaintiff Company”).

(hereinafter referred to as the “instant investment contract”). The main contents of the instant investment contract are as follows.

The location of an investment agreement necessary for permission and development for the collection of earth and rocks: 258,000 square meters of G forest land in Nam-gu, Chungcheongnam-gu, Gyeongbuk-gu.

2. 150,000,000 won which the Plaintiff Company decided to make an investment in the Defendant Company shall be deposited in the corporate passbook of the Defendant Company: Provided, That it is recognized that the Plaintiff Company deposited into the corporate passbook of the Defendant Company in consultation with E, the representative director of the Plaintiff Company and the director of the Defendant Company.

3. The amount of investment shall be returned to the defendant company with the principal of KRW 150,00,000 within two years after the completion of the project within two years after the permission for stone production, and the representative director F of the defendant company shall pay 10% of the shares in the defendant company held by himself in return for the above investment to the person designated by the plaintiff company.

6.F is to receive an investment of KRW 150,000 from the Plaintiff Company.