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(영문) 대전고등법원 2018.05.09 2017나14022
주식반환청구의 소
Text

1. Revocation of the first instance judgment.

2. The main part of the lawsuit in this case shall be dismissed.

3.The Court.

Reasons

1. The reasons for this part of the facts of recognition are as follows. The reasons for this part of the judgment of the court are as follows: (a) in addition to the fact that a witness E is deemed a witness E in the part of “founded grounds for recognition” of the fifth and Fifteen (16) of the judgment of the court of first instance as “ witness E of the court of first instance,” the corresponding part of the reasoning of the judgment of the court of

2. Summary of the plaintiffs' assertion

A. On April 19, 2014, the Plaintiffs and G (hereinafter referred to as “Plaintiffs, etc.”) entered into the instant contract that transferred the entire shares 242,000 of the instant company’s shares to the Defendant. The Defendant did not pay the Plaintiffs, etc. the intermediate payment of KRW 200 million and KRW 500 million for the third intermediate payment. Accordingly, the Plaintiffs, etc. notified the Plaintiffs, etc. that they would cancel the instant contract without any separate notice in cases where the said intermediate payment was not paid by June 16, 2016 and June 24, 2016.

Therefore, the defendant shall return to the plaintiff A 115,400 shares and 109,600 shares to the plaintiff B among shares 242,00 shares listed in the separate sheet, and shall be obligated to notify the company of the above return.

B. Since the instant contract was rescinded as seen earlier, as seen in the preliminary claim, 115,400 shares out of 242,00 shares in the separate sheet transferred to the implementation of the contract are returned to the Plaintiff A, 109,600 shares are returned to the Plaintiff B, and each of the above shares is confirmed as to whether they are owned by the Plaintiffs.

3. We examine the legitimacy of this part of the lawsuit ex officio in determining the main claim.

The fact that the instant company did not issue share certificates does not conflict between the parties.

Where six months have elapsed after the incorporation of the company or the date of payment on new shares, the shares before the issuance of the share certificates may be transferred only by the declaration of intention of the parties, and when the contract is rescinded, the shares transferred to the execution of the contract shall naturally return to the transferor.

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