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Reasons
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(영문) 서울중앙지방법원 2014.08.21 2013가합9418
주권인도 및 명의개서청구
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1. The plaintiff's national holiday against the limited liability company and Alban Trucking company.

Reasons

1. Facts of recognition;

A. The Plaintiff’s promotion of Defendant D’s new golf course construction project 1) The Plaintiff purchased the land of Gyeonggi-gun EF in collaboration with Defendant D on September 2004, and newly constructed a golf course (hereinafter “instant project”).

(2) The Plaintiff and Defendant D agreed to promote the instant project and invested KRW 7.45 billion in the instant project from September 20, 2004 to July 31, 2006. (2) On November 2005, the Plaintiff and Defendant D set the Defendant B Co., Ltd. (the former trade name was “C Co., Ltd.”; hereinafter collectively referred to as “Defendant B”) operated by Defendant D as the executor of the instant project.

3) On July 31, 2006, Defendant B loaned KRW 30 billion from Dlimwa Co., Ltd., and on August 4, 2006, Defendant D paid KRW 7.28,583 billion to Defendant D, and KRW 5 billion to the Plaintiff as partial return of the investment amount, respectively. Defendant D paid KRW 2 billion to the Plaintiff around September 5, 2007. (b) Defendant D transferred KRW 47.5% of the Plaintiff’s total shares issued by Defendant B) to the G side of Female-gun on March 23, 2006.

G transferred 450 million won to Defendant B on the same day.

2) Since Defendant D offered 2.5% of the Plaintiff’s shares in the instant project and Defendant D’s shares to G, Defendant D offered 2.5% of the Plaintiff’s shares, the Plaintiff’s shares were 47.5% of the Plaintiff’s shares. Defendant D transferred 4,250 shares (42.5% of the total shares issued by Defendant B on December 14, 2006) to the Plaintiff, and 500 shares (5%) to H, as designated by the Plaintiff. (c) Defendant B’s shares issued by capital increase of KRW 400 million around April 2008.

Defendant D remitted to the Plaintiff the amount of KRW 190 million equivalent to the capital increase for new shares to be borne by the Plaintiff at the time.

2) As of May 15, 2008, the status of ownership of shares issued by Defendant B as of May 15, 2008 is as follows:

Defendant DI JJ K Plaintiff H 10,750 shares 3,750 shares 3,750 shares 21,250 shares 2,50 shares 50 shares 20,500 shares 20.5% shares 7.5% 7.5% shares 42.

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