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(영문) 대구지방법원 2015.08.28 2014가합6002
소유권이전등기
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 March 201, the Plaintiff, C, D, and E (hereinafter “Plaintiffs, etc.”) entered into an agreement with the Plaintiff, C, D, and E (hereinafter “Plaintiffs, etc.”) to establish a golf range on the FF ground and to operate a golf range business. On March 12, 2001, the Plaintiff established G Co., Ltd. (hereinafter “G”) on March 12, 2001. Of the total issued shares of G 20,000 shares at the time, the Plaintiff owned 8,00 shares (40%), C, and D, each of 5,00 shares (25%) and 2,000 shares (10%) corresponding to the share ratio.

B. On July 2001, the Plaintiff et al. suspended a construction project due to a shortage of business funds, while carrying out a construction project for a golf range, and thereafter, the Defendant and the Defendant entered the same business agreement with the Plaintiff on January 5, 2002, stating that “The Defendant shall invest KRW 400 million in a partner fee, and take over half of the shares and equity shares of the Plaintiff (20% of the total equity shares) of the Plaintiff.”

(hereinafter referred to as “the instant trade agreement”). (c) The instant trade agreement

The Defendant invested KRW 400 million in accordance with the instant business agreement, and acquired 4,000 shares (total equity 20%) of the Plaintiff’s G shares, and the same year.

6. On December 12, 2002, C took over 400 million won of the G shares of D (20% of the total operating shares). On May 30, 2003, D acquired 750 billion won of the Plaintiff’s G shares of KRW 400 million (20% of the total operating shares) and “E and “E pay 67 million won to E, and E does not assert a business share against the Defendant,” and acquired 100% of the total operating shares related to G operation.”

Meanwhile, this case’s land is not more than 6,050§³ of H forest in Gyeongsan-si.

The instant land was divided into 3,475 square meters of H forest and 2,575 square meters of I forest and 2,575 square meters on March 23, 2004. The said H forest and 3,475 square meters of J forest and 3,449 square meters on December 2, 2010, after converting into 3,449 square meters of J forest and 3,333 square meters on December 3, 2010.

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