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(영문) 대구지방법원서부지원 2019.01.10 2016가단60703
주식양도 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On July 2013, the Plaintiff and the Defendant establish a dispute resolution committee and hold 1,500 shares of 3,000 shares, respectively.

The plaintiff is the representative director of the CBS.

B. On August 12, 2013, the Co., Ltd. purchased the land at KRW 9,216,60,000 in the attached Form No. 4 of the 8,773 square meters of the land E-si land (14,281 square meters) from the Gu-si Dispute Resolution Co., Ltd.

C. On September 16, 2013, C and F drafted a share-sharing joint project agreement with the purport that “C and C, Defendant, and 3, the land in the above-mentioned B, 2,557 (hereinafter “instant land”) shall resell the instant land No. 5-1 in the attached Form No. 5-1 (hereinafter “instant contract”).” (hereinafter “instant contract”) and its details are as follows:

Article 4 (Price, etc. for Co-ownership) (1) The price for co-owned land shall be KRW 1,080,000 per square meter, and the price for factory construction shall be KRW 1,40,000 per square meter.

The aggregate amount shall be KRW 4,909,160,000.

(2) The co-ownership share and construction cost down payment amounting to 490,916,00 won shall be paid to the Co-ownership and construction committee.

The share of 327,284,00 won among the above aggregate amount shall be converted from the investment deposit to the down payment, and the share of 163,642,00 won per person shall be paid as the down payment to C in the case of the above contract.

(3) The balance of co-ownership shares 4,418,244,00 won shall be paid to the Co-ownership and the Dispute Resolution Co-ownership Bank on the basis of the contract date of

(Payment by no later than October 1, 2013). Attachment and reference of the original contract, the selection of a financial institution for any balance loan shall be made by the defendant, etc. and C shall cooperate with the Dispute Resolution Committee.

Article 13 (Cancellation and Termination of Contract) Where there occurs a cause falling under any of the following subparagraphs, the Bank of Bankruptcy or the defendant, etc. may cancel or terminate this contract by giving written notice to the other party, regardless of the contract term:

(1) Where the other party violates matters stipulated in a contract or a separate contract concluded under this contract without justifiable grounds and fails to correct the relevant violation within seven days from the date the other party receives a written request for correction, the defendant shall be punished under Article 15 (Penalty) (1).

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