주식명의개서청구
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. On January 12, 2010, the Plaintiff established C (hereinafter “C”) for the purpose of real estate development business, etc.
C purchased 10,337 square meters of D forest land and three lots (hereinafter “instant real estate”), and on September 14, 2010, upon obtaining permission to engage in development activities for site creation of Class I neighborhood living facilities (retail stores) with respect to the instant real estate, C carried out the said development project (hereinafter “instant project”).
However, in the process of running the instant business, C was unable to promote the said business any longer due to the aggravation of financial resources, and the Plaintiff was seeking to dispose of C and the said business rights.
On August 31, 2011, the Plaintiff entered into a transfer agreement with the Defendant on the condition that the Plaintiff and C will transfer all of the instant business rights to KRW 300 million (hereinafter “instant transfer agreement”).
On the same day, the Defendant: (a) delivered to the Plaintiff a letter of payment undertaking (Evidence No. 4; hereinafter “instant letter of payment undertaking”) stating that “C is liable from F Co., Ltd. (hereinafter “F”) to October 17, 201 and would pay KRW 300 million to the Plaintiff according to the Plaintiff’s acceptance by the Defendant to E (Defendant’s wife); (b) the letter of payment undertaking stating “F representative director G” (hereinafter “instant letter of payment undertaking”).
The Plaintiff transferred the entire business rights of C and C to the Defendant according to the instant transfer agreement, and resigned from C’s intra-company director as of August 31, 201, and on the same day, E, the Defendant’s wife, completed the registration of appointment as C’s intra-company director.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, 9, Eul evidence Nos. 8 and 10 (including branch numbers if there are no separate indications; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination on the cause of the claim.