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(영문) 광주고등법원 2014.02.12 2013나3971
주식명의변경 등
Text

1. Revocation of a judgment of the first instance;

2. The plaintiffs' primary and conjunctive claims are all dismissed.

3...

Reasons

1. The main claim of this case is to seek confirmation that there was ownership of the shares to the Plaintiffs on the ground that the transfer contract for the shares owned by the Plaintiffs was rescinded due to the Defendants’ nonperformance of obligations. The main claim of this case is to seek payment of money equivalent to the purchase price of shares under the share transfer contract or the purchase price of the shares on the premise that the Defendants disposed of the shares and thus are not able to recover ownership of the Plaintiffs or are not able to claim for cancellation of the contract

2. Basic facts

A. The Plaintiffs’ status and PP are corporations mainly engaged in civil and construction works. The Plaintiffs are shareholders of the O at the time of concluding the instant stock transfer agreement with P as the representative director. Plaintiff A was a major shareholder holding 38.04% of the O’s shares. P and Plaintiff E were Plaintiff A’s children, Plaintiff F, G, and H were the Plaintiff’s corporate acts, and Plaintiff D’s representative was the Plaintiff’s wife, and Plaintiff D’s wife, the Plaintiff Company’s wife, was the Plaintiff Company’s wife. 2) On May 28, 2010, the rehabilitation procedure was commenced on May 28, 2010 with the Gwangju District Court 2010 Ma14, and the rehabilitation plan was approved on December 15, 2010.

B. On September 21, 2011, the conclusion and implementation of a stock transfer contract, which was delegated by the Plaintiffs with the authority to conclude and implement the stock transfer contract, and the Defendant K representing Qconsium (hereinafter “instant primary contract”) prepared “the instant special agreement” (hereinafter “instant special agreement”). On the same day, P prepared “the confirmation note” as “the confirmation note” (hereinafter “instant confirmation note”) and delivered it to Defendant K. The main contents of the instant primary contract, the special agreement, and the letter of confirmation are as follows: (a) P and the transferee representative (hereinafter “A”).

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