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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 23, 2014, the Plaintiff and I jointly take over and manage the J Co., Ltd. (hereinafter “J”) and agreed on the joint acceptance and operation of 60% out of its operating capital, and I and 40% of its operating capital were borne by the Plaintiff.
B. On September 23, 2014, K Co., Ltd. (hereinafter “K”) whose wife is registered as the representative director and in which I serves as the actual operator (hereinafter “K”) entered into a contract with the Defendants for acquisition of the shares and the right of management with the content that K acquires the shares and the right of management owned by the Defendants as follows (hereinafter “this case’s acquisition”).
The Defendants (hereinafter referred to as “sellers”) and K (hereinafter referred to as “Buyers”) shall agree with respect to the acquisition of management rights for shares issued by J (hereinafter referred to as “subject Companies”) and subject companies as follows, and enter into a contract for acquisition of management rights for shares and subject companies on September 2014.
Article 1 (Purpose) The purpose of this Agreement is to take over the management rights of the shares issued by the “contractor” or the “contractor” (hereinafter referred to as “Buyer”) and the “seller” for the shares issued by the “subject company” and the “subject company”, unless there is any reason not to mention otherwise, and to provide for matters related to the receipt by the “Buyer” for the shares issued by the “subject company” and the transfer price for the management rights of the “subject company” from “Buyer.”
Article 2 (Objects of Acquisition by Transfer) The subjects of acquisition by a buyer from a seller are all of the following subparagraphs:
1. As of the date of the preparation of this Agreement, the seller shall own or own all registered common shares of 260,000 shares of registered common shares (the share composition of the seller) and shares of 260,000 shares (the share composition of the seller) owned and/or owned by the seller, and of the buyer, until the date of acquisition in the formal and substantial name of the purchaser.