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1. The plaintiff's appeal and the main claim expanded in the trial and the conjunctive claim added in the trial respectively.
Reasons
1. Basic facts
A. On May 28, 2015, the Plaintiff Company A (hereinafter “Plaintiff Company”) was declared bankrupt by the Seoul Central District Court 2014Hahap190 on May 28, 2015, and the Plaintiff was appointed as the bankruptcy trustee of the Plaintiff Company and taken over the instant lawsuit.
B. The contents of this part are as follows: (a) the “director” of 3 pages 20 of the judgment of the first instance; (b) the 11th page 25 of the 11st page 25 of the 11st page 25 as “(c)”; and (c) the “Plaintiff” as “Plaintiff Company” in addition to the fact that “1. Basic facts” are the same as the reasoning of the judgment of the first instance; and (c) thus, they are cited pursuant to the main sentence of Article 420
2. The parties' assertion
A. On the following grounds, Plaintiff 1’s primary claim portion A) the effect of the transfer of the instant shares under Article 2.4 of the instant agreement was invalidated.
① The transfer of the instant shares pursuant to Article 2.4 of the instant agreement is subject to the condition that the Defendant secure 100% of the shares of the remaining investors of E, but the condition was not fulfilled.
② On May 24, 2013, the Defendant applied for bankruptcy against the Plaintiff Company, and expressed his intent not to recognize the Plaintiff Company as the subject of the instant project and not to implement the instant agreement. As such, the instant agreement became impossible to achieve the original purpose.
B) Meanwhile, the Plaintiff Company served on November 14, 2013 an application for modification of the purport of claim and cause of claim on the ground that the instant project was not separated because it did not reach an agreement with the Busan Urban Corporation even though it fulfilled its obligation to raise funds of intermediate payment pursuant to the instant agreement, and thus, the Plaintiff Company’s claim for purchase of the instant shares (hereinafter “claim for redemption”) pursuant to the proviso to Article 2.8 of the instant agreement.
(C) Accordingly, the Defendant is obliged to pay the Plaintiff the purchase price of KRW 2 billion and to deliver the share certificates of the instant shares to the Plaintiff at the same time.
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