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(영문) 광주지방법원 2014.12.11 2014가합54900
주식인도
Text

1. The defendant shall make 21,00 common shares issued at two real-time Co., Ltd. with a face value of KRW 10,000 per share to the plaintiff.

Reasons

1.The facts under the recognition do not conflict between the Parties:

On July 2013, the Plaintiff and the Defendant concluded a sales contract to sell 21,000 shares (hereinafter “instant shares”) of the two real estate joint stock companies owned by the Plaintiff (hereinafter “instant sales contract”) to the Defendant for KRW 210,000,000 (hereinafter “instant shares”).

B. On July 17, 2013, the Plaintiff trusted the Defendant’s words that he would promptly pay the share price after transferring the shares, and transferred all the shares of this case to the Defendant.

C. However, after acquiring the instant shares, the Defendant continued to comply with the Plaintiff’s request for the payment of shares more than several times, and the Plaintiff rescinded the instant sales contract on the ground of the Defendant’s nonperformance of obligation.

2. Accordingly, the Defendant is obligated to return the instant shares to the Plaintiff, which is the duty of restitution following the cancellation of the instant sales contract.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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