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(영문) 대전지방법원논산지원 2014.02.06 2013가단10096
제3자 이의의 소
Text

1. A deed drawn up by the Defendant’s joint office of notary public in Chungcheongnam-nam, a notary public with respect to B Co., Ltd. on August 8, 2008.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 3, 4, 5-1, 2, 6, 7-1, 2, and 8-1, 7-1, 2, and 8, and the testimony of the witness C as a whole.

1) Notarial Deed Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”)

() On December 7, 2007, the representative director C entered into a contract with the Defendant to sell 100% of the shares of the non-party company to the Defendant at KRW 260 million (hereinafter “instant share acquisition agreement”).

The main contents of the stock acquisition agreement of this case are as follows: 1. The representative director of the seller-building agreement of this case agreed to sell all of the land and civil engineering works, building permission, company shares (100%) and director-general to D. (including approval for use of agricultural infrastructure of the Korea Rural Community & Agricultural Corporation and the Seoul Rural Community & Agricultural Corporation. At the same time, the representative director of the corporation shall delegate all the powers of

2. The sale amount shall be set at KRW 30 million, and the intermediate payment and remainder shall be paid to the buyer at the point in which the national bank is established, and shall be paid in consultation with each other, whenever loans are granted at the point in which the national bank is established (the first, second, and third progress payment are received).

The C representative shall be responsible and repaid for all financial liabilities, on-site adjustment, and all those arising from the credit dispute resolution committeeB prior to the date of the contract.

The amount set up at KRW 90 million shall be cancelled, offset and paid at the point of a national bank at the time of receipt of the first advance payment (300 million won).

3. The C representative director of the seller-sale Bank Co., Ltd. shall enter into a contract under the condition that a loan of 2 billion won from the place in which the national bank is established as a start-up fund, and shall substitute 2 billion won with the disabled fund around March 26, 2008.

(4) In the event of a breach of this Agreement, the cancellation shall be recognized and the penalty shall be reimbursed.

General real estate contracts;

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