(영문) 서울고등법원 2019.10.18 2019나2006650

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2019.10.18 2019나2006650

가등기설정등기말소청구의 소

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. A. Around March 27, 2013, the Plaintiff, a representative director, and the Defendant entered into a business agreement to jointly implement the construction project of a main complex building on the ground of each real estate listed in the separate sheet (hereinafter “each land of this case”) (hereinafter “instant project”), and the main contents thereof are as follows.

Article 2 (C's Business Affairs)

B. C shall transfer the common shares of C to the Defendant at the ratio of 35% to 45% by the Defendant, but with respect to all duties, C and the Defendant shall agree to proceed.

In addition, after completion, C and the defendant shareholders will be divided.

Article 3 (Duties of Defendant)

A. In an auction for co-ownership of land in which the instant building is located, the Defendant shall acquire the ownership in C’s name.

B. Also, the above A.

After the completion of the procedure under subsection (1), the defendant shall, on his responsibility, raise the funds required for the normal completion of the building of this case, and the amount of the funds shall be determined by consultation between C and the defendant after the next consultation.

B. On April 2013, the Defendant agreed with C as follows.

Article 1 (Purpose) This Agreement aims to clarify the relationship between C and the defendant with respect to the progress of the business of the instant building promoted by C at present, including the completion thereof.

Article 3 (Succession to Business Agreement) The contents of the business agreement concluded between C and the defendant prior to the preparation of the said agreement shall be deemed to be included in the contents of the said agreement to the extent not inconsistent with the provisions of this agreement.

Article 4 (Distribution of Shares C) The transfer of shares of 45% issued by C out of the common shares issued by C, which are 70% shares of the Plaintiff’s possession, to the Defendant under the above agreement shall be made that the Defendant holds 45% of the common shares issued by C.

There shall be no separate consideration, but it shall be necessary.

유사 판례

-서울중앙지방법원 2018.12.21 2018가합1075

-서울중앙지방법원 2016.07.01 2015가합560207

-서울행정법원 2011. 04. 28. 선고 2011구합426 판결

-대법원 2013. 12. 12. 선고 2013두13204 판결

-청주지방법원 2019.07.12 2018가합3486