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(영문) 수원지방법원 2016.09.09 2014가합3118

주식명의개서청구

Text

1. The Defendant’s KRW 300,000,000 as well as its annual 6% from October 18, 201 to April 15, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On January 12, 2010, the Plaintiff established C (hereinafter “C”) for the purpose of real estate development business, etc.

B. C purchased three lots of land, including 10,337 square meters of D forest land (hereinafter “instant real estate”). On September 14, 2010, upon obtaining permission to engage in development activities for building sites for Class 1 neighborhood living facilities (retail stores) with respect to the instant real estate, C performed the said development project (hereinafter “instant project”).

C. However, in the process of running the instant business, C was unable to carry out the said business any longer due to the aggravation of financial standing, and the Plaintiff was seeking to dispose of C and the said business rights.

On August 31, 2011, the Plaintiff transferred all the instant business rights to KRW 300 million with the Defendant, and the Defendant, at the time, entered into a transfer agreement with the Plaintiff to acquire all the obligations owed by the Plaintiff in connection with the instant business (hereinafter “instant transfer agreement”). The Defendant promised to pay the Plaintiff KRW 300 million, who is responsible from F Co., Ltd. to October 17, 201 and paid the Plaintiff KRW 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,0000,000

E. Around that time, the Plaintiff transferred the entire business rights between C and the Defendant pursuant to the instant transfer agreement, and resigned from the inside director of C as of August 31, 201, and completed the registration that E, the Defendant’s wife, was appointed as the inside director of C. on the same day.

F. However, around February 2012, the Plaintiff filed a complaint against the Defendant and the Defendant’s wife E on the charge of fraud on the ground that the Defendant did not pay KRW 300 million to the acquisition price under the instant acquisition agreement even though the Defendant received the instant business license from C and the Defendant.

[Reasons for Recognition]