(영문) 서울중앙지방법원 2018.06.14 2017가합532763

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(영문) 서울중앙지방법원 2018.06.14 2017가합532763

주식양도 등

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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. Defendant C’s establishment and conclusion of the first memorandum of Understanding was made on June 10, 2016, and Defendant C established Defendant C with a total of 200 shares issued and outstanding on June 10, 2016, and a total of 1 million capital. Defendant C consists of “E” (condo 531 rooms, hotel 101 rooms, and hotel 101 rooms, and hot spring facilities.

The above land, buildings, facilities, etc. are referred to as “the instant real estate”

(F) the real estate auction (hereinafter referred to as the “instant auction”) in progress with respect to the compulsory auction

(2) On June 15, 2016, the Plaintiff and Defendant B entered into a contract with the following terms (hereinafter “the first letter of understanding”) for the purpose of jointly participating in the auction of this case and in the transaction of purchasing the instant real estate through Defendant C (hereinafter “the instant transaction”).

The Plaintiff and Defendant B, each of the two texts, clearly state their rights, obligations, and cooperation between the Plaintiff and Defendant B in the instant transactions, agree to ensure that the instant transactions will be successful, as follows.

Article 1 (Establishment of SPC) (1) The Plaintiff is incorporated as a special purpose corporation (hereinafter referred to as “SPC”) which becomes the main agent of the transaction of this case under an agreement with Defendant B.

(2) Affairs pertaining to the establishment of the first corporation, including the registration of incorporation, etc., shall be executed on behalf of the Plaintiff by Defendant B, and the Plaintiff shall participate in capital increase with respect to SPC.

The paid-in capital after the withdrawal of the deceased shall be 100,000 won (Won 100,000,000).

(3) The plaintiff nominates the representative director of SPC as recommended by the defendant B, and the board of directors consists of the number of respective persons recommended by the plaintiff and the defendant B.

Article 2. Financing following Participation in Auction.

유사 판례

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