(영문) 서울중앙지방법원 2015.09.17 2014가합509908

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(영문) 서울중앙지방법원 2015.09.17 2014가합509908

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Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff held 51% of the shares of D and LLC (hereinafter “instant company”) located in California, California, Luxembourg, and 49% of the shares of the instant company. On October 4, 2004, the Plaintiff and E concluded a share acquisition agreement (hereinafter “share acquisition agreement”) with the purport that “41% of the shares of the instant company owned by E from the Plaintiff shall be purchased from the Plaintiff at USD 1,375,000, and USD 1,050,000 among them shall be substituted for payment to the Plaintiff by means of transferring the ownership of each real estate listed in the separate sheet owned by the Defendant B (hereinafter “instant land”).

B. Around that time, the Plaintiff transferred 41% of the shares of the instant company to E according to the instant share acquisition agreement, and Defendant B completed the registration of ownership transfer for each real estate listed in the separate sheet Nos. 1 through 8 on October 7, 2004 and the registration of ownership transfer for the real estate listed in the separate sheet No. 9 on February 28, 2005, respectively.

C. The deceased died on May 14, 2010 and completed the registration of ownership transfer on each of the land of this case due to inheritance according to Defendant C’s evidence No. 3, the deceased’s children, “G’s children,” and Defendant C’s assertion is deemed to be the same person as the above G’s clerical error.

The deceased was solely inherited, and the defendant C completed the registration of ownership transfer on February 11, 201 with respect to each of the instant lands on the grounds of inheritance.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. Prior to the conclusion of the instant agreement for acquisition of shares, when the Plaintiff transfers the shares of the instant company owned by the Plaintiff to E, each of the instant land that was agreed to be transferred from Defendant B.

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