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(영문) 부산지방법원동부지원 2016.06.16 2015가합104052
주식명의개서 청구의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 18, 2007, the Busan Urban Corporation (hereinafter “the instant project”) executed D tourist resort development projects in Busan Shipping Daegu B and C in Japan (hereinafter “the instant project”) and recruited private businesses to participate therein.

In order to participate in the instant project, the Plaintiff and Cheongan Construction Co., Ltd. (hereinafter “Cheongan Construction”), 22 private business entities, including the Plaintiff and Cheongan Construction Co., Ltd. (hereinafter “Cheongan Construction”), constituted Tpropex Quaker Matacon (hereinafter “instant consortium”), and entered into a basic agreement on October 26, 2007 with a view to regulating the rights and obligations of the members of the private business operators (hereinafter “basic agreement”).

The Basic Convention concluded with the Busan Urban Corporation to establish a project financial investment company (PFV) after concluding a business agreement with the Busan Urban Corporation, and set the roles and work allocation of each party and the shares of the project financial investment company based on equity shares.

Accordingly, the Cheongan Construction, which has invested the largest amount, was to carry out affairs on behalf of the consortium as the consortium as the consortium.

B. On October 26, 2007, among the members of the instant consortium, construction companies, including the Plaintiff, set forth a special agreement separately from the Cheongan Construction and the Framework Convention (hereinafter “special agreement”), and the main contents are as follows.

2. Notwithstanding the provisions of Article 6 of the Convention, the Plaintiff may request the purchase of all or part of the Plaintiff’s PFV and AMF stocks or equity shares to the Cheongan Construction by the Plaintiff’s unilateral declaration of intent (hereinafter “purchase claim”).

(Putop, hereinafter referred to as "purchase right") Provided, That the right to purchase may be exercised after the execution contract, and the prior approval of Busan Urban Corporation shall be obtained at the time of a change of 5% or more.

3. Notwithstanding the provisions of Article 6 of the present Convention, Cheongan Construction is an unilateral declaration of intention for Cheongan Construction, the Plaintiff’s PFV stocks and AMC stocks or shares of the Plaintiff.

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