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1. The part concerning the claim for the performance of the procedure for change of title among the principal lawsuit of this case is dismissed.
2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) owns mining extraction rights (registration number) in the area of 139 ha-won D in Kimcheon-si, Kimcheon-si to November 27, 1998 to November 26, 2018.
B. On December 11, 2012, F, the actual manager of C, on behalf of the Plaintiff registered as the representative director of C, entered into a contract with the Defendant to transfer C’s shares at KRW 100 million (hereinafter “instant contract”). The contract deposit amounting to KRW 15 million on the date of the contract, the intermediate payment of KRW 35 million was paid on December 24, 2012, and the remainder amount of KRW 50 million was paid on January 8, 2013, respectively.
The defendant was appointed as the representative director of C on the same day.
C. The Defendant did not perform the obligation to pay the price under the instant contract, and the Defendant, around February 13, 2013, shall preferentially pay KRW 30 million out of the unpaid amount until February 13, 2013, and agreed on February 14, 2013 (Evidence A5) with respect to the period of payment for the remainder of the unpaid amount.
The Defendant paid to the Plaintiff KRW 10 million on December 6, 2012, KRW 5 million on December 17, 2012, KRW 3 million on January 9, 2013, KRW 4 million on January 11, 2013, KRW 200 million on January 29, 2013, KRW 28 million on February 13, 2013, KRW 3 million on February 15, 2013, KRW 200 million on April 4, 2013, and KRW 80 million on April 24, 2013, respectively.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 7, 9, Eul evidence No. 9, the purport of the whole pleadings
2. Determination on the claim for the performance of change of title
A. We examine ex officio whether the transfer of title to the documents listed in the separate sheet among the main lawsuit of this case is legitimate.
B. In full view of each of the statements in Gap evidence Nos. 10 through 14, C obtained permission for conversion of mountainous district for the purpose of mine development from Kimcheon-si, Kimcheon-si, and C is below Seoul Guarantee Insurance Co., Ltd. on April 14, 201.