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(영문) 전주지방법원 2015.02.06 2014가합4469
약정금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On November 11, 2012, C, the Defendant’s birth, agreed with D to jointly engage in the business by acquiring and operating the F Co., Ltd., Ltd., Ltd., an agricultural company located in the former North Korean Office E (hereinafter “F”).

In the agreement, C invested in the Jeonju-si, G 1,89 square meters and H 817 square meters (hereinafter referred to as “I land”) in Jeonju-si, the name of the Defendant was located, and D was divided into 3,383 square meters (which was divided into 3,383 square meters of K forest and 3,383 square meters on February 19, 2013) and 577 square meters (which was divided into 557 square meters before MM on February 18, 2013) and 7 square meters before NN (hereinafter referred to as “O land”).

B. Meanwhile, on November 12, 2012, the Plaintiff, a shareholder of F and the representative director, entered into an exchange agreement with the Defendant and C as follows (hereinafter “instant exchange agreement”) to transfer F’s stocks and operating rights:

The transfer of registration of J and H (I land) in the So-gu Seoul Metropolitan City prior to the ownership of B (Defendant) will be made after the end of 2015.

Provided, That on November 12, 2012, provisional registration of the right to claim ownership transfer registration and superficies shall be established.

C) Before February 2013, the collective security right of KRW 200,000 is set up and set up against the Plaintiff (the Plaintiff) at the end of February, 2013, on the real estate 1,200 (O) located in Jinan-gun, Jinan-gun, the real estate owned by Byung (C). The repayment will be made before the end of

All legal responsibilities and authorities of “A”-owned F shall be determined at 0/13 November 2012.

Court (D) shall ensure that the above matters are present at the meeting.

C. The Plaintiff transferred F shares 20,000 to C on November 12, 2012 in accordance with the instant exchange agreement (However, according to the internal agreement between C and D, 13,300 shares, the entry of the entry of the entry of the entry of the entry of the entry of the entry of the entry of the 6,700 shares in D in the future of C, 6,700 shares), and on November 13, 2012, each provisional registration of the right to claim for transfer of ownership was established against the land of the

On the other hand, C acquired shares as above and took office as F's representative director on November 16, 2012. D.

D On the other hand, on March 20, 2012, KRW 10 million to Q Q.

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