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Case Number of the immediately preceding lawsuit
Busan High Court 2013Na21140 ( December 18, 2014)
Title
It is justifiable to seek that the plaintiff can transfer the shares of the defendant in the name of the delinquent corporation by subrogation of the right of the delinquent corporation.
Summary
The plaintiff who is a tax claim holder against a delinquent corporation seeks to transfer the shares of the defendant in the name of the delinquent corporation by subrogation of the rights of the delinquent corporation.
Related statutes
§ 406.
Cases
2015Da202667 Revocation of Fraudulent Act
Plaintiff-Appellant
Korea
Defendant-Appellee
AA, BB
Judgment of the lower court
Busan High Court (Chowon) Decision 2013Na21140 Decided December 18, 2014
Imposition of Judgment
May 14, 2015
Text
All appeals are dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The grounds of appeal are examined.
According to the reasoning of the judgment below, the court below acknowledged the facts as stated in its reasoning after compiling the adopted evidence, and determined that the CCC and the Defendant AAB have a duty to enter into a new share purchase agreement with the CCC on April 25, 2008 and to enter into a share purchase agreement on October 00, 2008, and CCC paid only KRW 0 billion to the Defendant AA as the share purchase price in accordance with the share purchase agreement as of October 00, 2008, since the CCC paid only KRW 0 billion to the Defendant AA as the share purchase price in accordance with the share purchase agreement as of October 00, 200, and the Defendant BB had a duty to notify the transfer and transfer of shares equivalent to KRW 00 billion, and the Defendant BB had a duty to enter into the shareholders transfer agreement.
In light of the records, the above fact-finding and determination by the court below are just and acceptable, and there were no errors by failing to exhaust all necessary deliberation or exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the method of attack and defense
Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.