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(영문) 수원지방법원 2017.09.01 2016가합75797

이사지위확인 등

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. D and E, while managing a stock company F, which is a company engaged in agricultural product processing and wholesale and retail business, decided to establish an agricultural company under the trade name of H and H engaged in the wholesale business of agricultural products and food materials, with G, on the basis of the trade name of G.

(hereinafter “instant project”). (b)

In order to purchase the factory establishment site for the instant project, H entered into a sales contract with the I and J on March 11, 2014 with regard to the chemical K, L, M M 9,516 square meters (hereinafter “instant land”) on the following terms (hereinafter “pre-sale contract”), and around that time paid the down payment of KRW 70 million.

The purchase price: 630,000,000 won: The remainder of 70,000,000 won (payment of 20 million won at the time of a contract, and payment of 50,000,000 won until March 21, 2014): the special agreement (payment of 560,000,000 won before May 30, 2014): The buyer agrees that the buyer shall pay the remainder to the buyer within 20 days after the acquisition of the permission for the type of business related to the primary processed food of agricultural and fishery products in this article, as the buyer intends to obtain the permission for the type of business related to the primary processed food of agricultural and fishery products, and if so, this agreement is null and void after the acquisition of the permission and license from the time of harmony.

At the time of non-permission, 4,300,000 won shall be deducted from the seller's crop cultivation loss in the gold year.

C. D, E, and H established the Defendant as an agricultural company on May 8, 2014. At the time, H, who is qualified as a representative director, cannot become a registered executive officer due to the problems such as the representative director, credit, etc., the Plaintiffs, on behalf of E, completed the registration of incorporation on behalf of the Plaintiffs as each in-house director, and the shares were entered in the register of shareholders, with H 45%, Plaintiff A 35%, and Plaintiff B 20%.

On February 17, 2016, the defendant obtained approval for factory construction on the land in this case from the Sungsung City.

E. D. On February 23, 2016, the seller, I and J, each of the following terms and conditions of the waiver of the contract (hereinafter “instant waiver”).