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(영문) 부산고등법원 2019.03.28 2017나58406
주식명의개서등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. A. Around December 23, 2013, the Plaintiff was selected as a “F” development business entity, which is a commercial facility district in the R&A, the Busan Urban Corporation, which was promoting development in Qilwon, Qilwon, around December 23, 2013. (2) On February 25, 2014, the Plaintiff: (a) concluded a sales contract with the Busan Urban Corporation to purchase T and U block land in the R&A, located outside S and 19 lots (hereinafter “instant project site”); and (b) paid KRW 1.45 billion on the same day the down payment date to the Busan Urban Corporation.

On July 10, 2014, the Plaintiff obtained a new construction permit from the head of the Gun of the Busan Metropolitan City, in the name of the head of the Dong-gu Busan Metropolitan City on the instant project site F in the ground.

3) On October 2, 2014, the Plaintiff changed the name as of April 8, 2015 to the name of the Defendant Company (the trade name at the time of incorporation was “C”) for the purpose of the new construction and sales business of buildings and the sales agency business.

(4) On October 28, 2014, the Plaintiff: (a) increased the capital of the Defendant Company and changed the total number of outstanding shares from 145,000 to 225,000 shares; (b) among them, the Plaintiff owned the remainder of 80,000 shares, the Plaintiff’s wife, and D, the inside director of the Defendant Company, respectively; and (c) the Defendant Company did not issue the share certificates.

5) In addition, on October 31, 2014, the Plaintiff entered into a contract for transfer and takeover of business with respect to the instant business, including all license and implementation rights, and claims and obligations, to the Defendant Company. (B) The Plaintiff entered into a service contract with the Plaintiff to prepare the balance of the purchase price of the instant business site, and via the said company, in order to prepare the balance of the purchase price of the instant business site.

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