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(영문) 창원지방법원진주지원 2014.09.17 2014가단3821
주식명의개서 등
Text

1. Of the instant lawsuit, the part of claims against Defendant C and D shall be dismissed.

2. Defendant B Co., Ltd. shall be attached to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, as the actual owner of Defendant B (the original name E Co., Ltd.; hereinafter collectively referred to as the “Defendant Company”), held 49% of the total shares of the Defendant Company to F, and held 40% of the total shares of the Defendant Company to G, and held 11% of the total shares to H, respectively, by way of title trust.

B. On November 11, 2011, the Plaintiff entered into a contract with I, who is the present representative director of the Defendant Company, to transfer all rights to the instant company, including the Defendant Company’s shares (hereinafter “instant contract”). The I, in return for taking over all rights to the Defendant Company, was KRW 100 million on the date of the contract, and KRW 20 million on February 29, 201, in return for taking over all rights to the Defendant Company.

4. 30.20 billion won, and the same year.

6. A total of KRW 1 billion was paid in 30.5 billion.

C. On the day of the instant contract, I paid KRW 100 million to the Plaintiff on November 22, 201, and the Plaintiff transferred 49% of the shares of the Defendant Company to the Defendant C and D, each of which was designated by I, 40%, and 11% of shares, and the shares held by the Defendant Company were listed in the attached list (hereinafter “instant shares”).

The Plaintiff did not pay the intermediate payment and the remainder under the instant contract to the Plaintiff at the time when the Plaintiff agreed to do so. On September 18, 2012, the Plaintiff filed a lawsuit against I for the performance of the procedures for stock transfer (2012Gahap2067), and expressed his/her intent to terminate the instant contract if he/she did not perform his/her obligation to pay the remainder, etc. within 10 days from the delivery of a copy of the complaint (hereinafter “the primary indication of intent to cancel the instant contract”), and on November 11, 2013, expressed his/her intent to cancel the instant contract if he/she did not pay the remainder, etc. within 10 days from the delivery of a written application for change of claim and cause (including preparatory documents) (hereinafter “the second indication of intent to cancel the instant contract”).

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1, 3, 9, 11 (including each number), and the purport of the whole pleadings.

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