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(영문) 광주고등법원(전주) 2019.03.28 2018나11638
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is one shareholder and the representative director of an agricultural company D (hereinafter “D”) that mainly runs the business of processing, selling, etc. sun-dried salt.

On November 12, 2012, the Plaintiff entered into an exchange agreement with Defendant and E (hereinafter “instant exchange agreement”).

1. (Defendant C) The transfer of F and G registrations prior to ownership shall be made after the end of 2015.

Provided, That on November 12, 2012, provisional registration of the right to claim ownership transfer registration and superficies shall be established.

2. On the first,200 real estate located in Jinan-gun, Jinan-gun (Defendant B)-owned real estate, the right to collateral security of KRW 200 million shall be set up against the Plaintiff (Plaintiff) before the end of February 2013, and repayment shall be made before the end of February 2015.

3. All legal responsibilities and authority of Gap (Plaintiff)-owned D shall be determined by November 13, 2012.

4.The Government (E) shall ensure that the above matters are present.

B. In accordance with the instant exchange agreement, on November 12, 2012, the Plaintiff transferred 20,000 shares of D Shares listed in the separate sheet (hereinafter “instant shares”) to Defendant B, 6,700 shares, and the change of holders was made in the name of E in the future.

C. On November 13, 2012, Defendant C established a provisional registration of the right to claim ownership transfer on the land of F 1,899 square meters and G 817 square meters (hereinafter collectively referred to as “H land”) in Seongdong-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, pursuant to the instant exchange agreement, for the Plaintiff on November 13, 2012.

However, Defendant B and E refer to the portion of 3,383 square meters out of 65,772 square meters in the 1,200 square meters in the Jinandong-gun, Jinandong-gun, Jinandong-gun, located in Yandong-gun, located in Yandong-gun, located in the Plaintiff at the time of establishing a collateral security right (hereinafter referred to as the “mortgage”), 577 square meters in the area of 92 square meters in the 992 square meters in the 192 square meters in the previous N prior to the division (the portion divided from the above lot number on February 18, 2013 to the

(hereinafter “I land”) E pays Q KRW 10 million to Q and KRW 5 million to R, as well as ownership of I land.

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