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(영문) 서울고등법원 2013.12.13 2012나98999
주권인도청구
Text

1. The defendant's appeal is dismissed.

2. The independent party intervenor's claim is dismissed;

3. The costs of appeal shall be incurred.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of real estate development business, etc., and the Defendant, a company established on May 18, 2010, for the purpose of visual and visual part manufacturing and selling business, owns 100% of its shares by establishing D Co., Ltd. (hereinafter “Nonindicted Company”).

B. On February 26, 2010, the Defendant deposited the share certificates of 1,731,746 shares of registered ordinary shares issued by the third party allocation method (attached Form No. 1) to E, and the share certificates of 1,426,533 shares of registered ordinary shares issued by the same method to F on May 25, 2010 (attached Form No. 2) with the compulsory protection period of one year at each Korea Securities Depository.

(C) the sum of the above shares 3,158,279 shares is c.

1) G Co., Ltd. (hereinafter referred to as “G”)

On April 12, 2007, the Korea Land and Housing Corporation provided N (hereinafter referred to as “instant real estate”) with land for business facilities located in the M site area in the Maan-si City.

) A contract to purchase approximately 43 billion won (hereinafter referred to as “first sale contract”) is concluded.

(3) The Korea Land and Housing Corporation paid 4.3 billion won down payment, and the National Federation of Fisheries Cooperatives (hereinafter referred to as the “Federation”).

(2) On January 28, 2010, G, which was difficult to extend the maturity due to capital erosion, transferred the status of the purchaser under the first sales contract to O Co., Ltd. (hereinafter “O”) with the approval of the Korea Land and Housing Corporation on January 28, 2010, and O succeeded to G lending obligations against Suhyup.

(2) The Plaintiff acquired the Plaintiff’s status as the purchaser of the instant real estate and the obligation for loans as above, and the instant real estate development project was suspended. However, due to the global financial crisis.

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