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Reasons
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(영문) 대구지방법원 의성지원 2018.10.17 2018가단413
소유권이전등기말소등기절차이행
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s establishment and 15 parcel purchase 1) On November 15, 2002, the Plaintiff: (a) appointed D (E) as the representative director on the main purpose of manufacturing waste plastic oil and recycling waste resources; and (b) concluded a sales contract with G organization on March 7, 2003 to purchase two parcels of land for a factory in H and I “BB Before subdivision” for the purpose of achieving the above business objective as a de facto controlling shareholder; and (c) concluded on September 5, 2003, the Plaintiff agreed to sell two parcels of land for a factory in H and I to purchase 12,00,000 won for the “Before subdivision” with G organization on March 7, 2003; and (d) concluded on September 5, 2003.

3) After that, each of the above subdivisions of the factory sites was divided into 15 lots including each of the lands listed in the separate sheet (hereinafter referred to as “instant factory site,” in case where it is necessary to do so at one time. B. F and E entered into an agreement with the J on June 30, 2003 that “this case’s factory site shall be transferred to J in KRW 300,000,000,000, and J shall be assigned to the Plaintiff’s representative director, and when payment of the transfer price is completed, F and D shall resign all of the Plaintiff’s directors and auditors and transfer the entire shares to J.”

① F, etc. shall transfer the instant factory site to J, and J shall complete the registration of ownership transfer concerning the instant factory site by the 9th of that month, and upon completion of the registration of ownership transfer, F, etc. shall transfer 49% of the Plaintiff’s shares to J.

(2) The J shall pay F, etc. 280,000,000 won as the proceeds of the transfer of a corporation by September 30, 2003.

③ When the J implements the above matters, F, etc. shall resign from the position of the Plaintiff director and transfer all of the shares.

4. The Agreement dated June 30, 2003 shall become void under this Agreement.

5. If this Agreement is not implemented, the J shall resign from office of the representative director of the plaintiff, i.e., from office.

2 F and its wife.

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