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(영문) 대구지방법원김천지원 2014.11.19 2014가단822
주식명의개서절차이행
Text

1. The defendant shall receive KRW 52,716,00 from C Co., Ltd., and at the same time shares listed in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On July 18, 2013, the Plaintiff and the Defendant established C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). Nonparty Co., Ltd. issued KRW 3,000 ordinary shares of KRW 10,000 at face value, and the Plaintiff and the Defendant own KRW 1,50 each.

B. On August 12, 2013, the Nonparty Co., Ltd. concluded a sales contract to purchase KRW 9,216,60,000 (the contract amounting to KRW 650,00,000, intermediate payment, KRW 7,644,940,00 until October 11, 2013) with respect to KRW 8,773 square meters of land for DD (hereinafter “instant land”) from Ecoan Co., Ltd. (hereinafter “the instant land”).

C. On September 16, 2013, the Nonparty Company and the Defendant, E, and F (hereinafter “Defendant, etc.”) decided to share 8,773 of the instant land purchased from ECoin Co., Ltd. with the Defendant, etc., and entered into a joint agreement on share ownership (hereinafter “instant agreement”) with the following content.

Article 4 (Price, etc. for Co-ownership) (1) The land price for co-ownership shall be KRW 1,080,000 per square meter, and the factory construction price shall be KRW 1,40,000 per square meter.

The aggregate amount shall be KRW 4,909,160,000.

2. Co-ownership and construction cost down payment of KRW 490,916,00 shall be paid to the non-party company upon the conclusion of this contract.

The share of 327,284,00 won among the above aggregate amount shall be converted from the investment deposit to the down payment, and the share of 163,642,00 won per person shall be paid to the non-party company in the event of the above contract.

③ The remainder of co-owned shares 4,418,244,00 won shall be paid to the non-party company on the basis of the date of concluding the contract between the non-party company

(Payment by no later than October 11, 2013). Attachment and reference of the original contract and the selection of a financial institution for any balance loan shall be made by the defendant, etc. and the non-party company shall cooperate therein.

Article 13 (Cancellation and Termination of Contract) Where any of the following causes occurs, the non-party company or the defendant, etc. shall cancel or terminate this contract by giving written notice to the other party, regardless of the contract period:

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