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(영문) 수원지방법원 2019.09.19 2018가합21213
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was a shareholder holding 100,200 common shares issued by Co., Ltd. E (hereinafter “E”), and the Defendants were officers and employees of E.

B. E was the construction work of the construction project of the construction project of the Yeongdeungpo-gu G building (hereinafter referred to as “G building”) conducted by the F (hereinafter referred to as “F”).

C. The F entered into a security trust agreement with H Co., Ltd. (hereinafter “H”) on May 26, 2008 with respect to the G building (hereinafter “instant trust agreement”), and completed the registration of ownership transfer to H on the ground of the agreement on May 27, 2008.

The first beneficiary of the above trust agreement was first and second E, but it was changed to J, third and third E on June 10, 201.

On July 27, 2012, the Plaintiff drafted a written agreement (hereinafter referred to as the “instant agreement”) with E as follows with respect to the G Building K (hereinafter referred to as the “instant apartment”) between E and a construction company and a priority beneficiary. On the same day, according to the instant agreement, the Plaintiff transferred the share certificates of 90,200 common share shares of E issuance (hereinafter referred to as the “instant shares”) owned by the Plaintiff.

Joint E (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) agree as follows:

Article 2 (Statement and Guarantee) A and B shall state and guarantee as of the date this Agreement is concluded, the following matters:

(1) Eul is a shareholder who owns 100,200 common shares of E.

Provided, That it is confirmed that Eul transferred 10,000 shares to L as of April 9, 2010 among 100,200 shares.

(2) Eul shall confirm that there is no objection as a minority shareholder with respect to the past business activities, etc. and future business activities, etc. of Gap.

③ A and B verify that the instant apartment is currently in trust, and A have the status as the first beneficiary and the contractor.

Section 3. This real estate.

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