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(영문) 서울중앙지방법원 2014.10.16 2014가합538531
명의개서절차이행 등
Text

1. Of the plaintiffs' lawsuits against Defendant D, the part demanding confirmation of ownership of shares and Defendant Samho Green Co., Ltd. are the same.

Reasons

1. Facts of recognition;

A. The plaintiff A is the party. The plaintiff A is the defendant D Co., Ltd. (hereinafter "Defendant D").

(i) the total number of shares issued (60,000 shares for ordinary shares, hereinafter referred to as “instant shares”)

Of the 41% shares, Plaintiff B owned 49% shares, and Plaintiff C owned 10% shares. Plaintiff A was appointed as Defendant D director on July 27, 2007, and Plaintiff B as representative director on March 31, 2008. Defendant D (hereinafter “instant project”). Defendant D carried out apartment construction projects (hereinafter “instant project”).

Samho Co., Ltd. (hereinafter referred to as the “Choho Lake”) was selected as the contractor of the instant project.

B. Loan for the instant project and security trust for the instant project site 1) Defendant D and 3 are as follows: (a) Defendant C and 3 are as follows: (b) Defendant C and 3 are as follows: (c) Defendant C & 1; (d) Defendant C & 3 are as follows; (c) Defendant C & 3 are as follows: (d) Defendant C & 3 are as follows; and (e) Defendant C & 3 are as follows:

(B) ABCP issued by the Company-backed Promissory Notes (ABCP, maturity July 30, 2009) to raise funds for the instant project. Accordingly, Defendant D’s loans total amounting to KRW 200 billion from Defendant Samho Intein tea, etc. (hereinafter “instant loans”).

(2) On June 18, 2009, Defendant D entered into a collateral trust contract (hereinafter “instant collateral trust contract”) with the content that the instant project site is entrusted to the new real estate trust agreement with the new real estate trust company (hereinafter “new real estate trust”) on the part of the Defendant C as the first priority beneficiary in common, with the Defendant SamManin as the security of the instant loan obligation as the first priority beneficiary in common.

C. On July 23, 2009, the maturity date of the instant loan and the maturity date of the instant loan amounting to 99 billion won, which was July 21, 201, when Defendant C had extended the maturity date and set up a transfer security right to the Plaintiffs’ shares.

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