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(영문) 부산지방법원동부지원 2017.11.29 2016가단213871
주식반환
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Basic facts

A. On February 3, 2009, the Plaintiff established D Co., Ltd. D (C Co., Ltd. on March 3, 2009; hereinafter referred to as the “instant company”) and carried out an underground shopping district development project (hereinafter referred to as the “instant development project”) between Busan subway 2 and F Station after establishing the instant company around February 3, 2009. On May 28, 2008, the instant company was selected from the Busan Traffic Corporation, the owner of the instant development project, as the priority bidder of the instant development project, but the conclusion of the project concession was delayed due to subsequent problems such as securing construction funds.

B. The defendant around July 2009 above A.

With the knowledge that the progress of the instant development project is being delayed as described in Paragraph (1), the Plaintiff, upon request from the vice president of the Korea Land Trust and so requested, proposed that “A development trust will be accepted” from the Korea Land Trust for the instant development project. In addition, through the senior staff-related personnel of the State Council known to the Republic of Korea, contact with the Busan City and Busan Traffic Corporation for the instant development project and made a concession agreement for the instant development project. In order to promote the project, there is a need for internal to be the operator of the instant company to transfer the company’s shares to another person.” On September 4, 2009, the Plaintiff was appointed as the representative director of the instant company, and around December 2009, the Plaintiff acquired 70% (G name 3,000 shares and H name 4,00 shares) of the instant company’s shares (30% shares and 30% shares each of the instant company’s shares were transferred to each of the above shares (30% shares each of the instant shares).

C. Meanwhile, the defendant is above B.

Around the time of each acquisition of shares in subsection (d), the company of this case prepared documents on the acquisition of shares in the company of this case three times.

C. Of the documents described in the above paragraph, the agreement signed between the plaintiff, the defendant, and I on December 2, 2009 (hereinafter "the first agreement of this case") is "the agreement of this case".

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