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(영문) 부산지방법원 2018.05.17 2017가단332803
주식 등 반환청구
Text

1. The Plaintiff and Defendant B verify that the shareholder of the shares listed in the separate sheet is the Plaintiff.

2. The defendant corporation.

Reasons

1. Facts of recognition;

(1) On June 30, 2015, Defendant B acquired 10,000 shares of Defendant C Co., Ltd. (hereinafter “Defendant Company”) under the Plaintiff’s name from the Plaintiff and agreed to pay 10,000 shares in KRW 100 million, and the transfer price was to be paid in lump sum on the date of the contract (hereinafter “instant transfer contract”).

d. Defendant B paid KRW 10 million to the Plaintiff as down payment, and the shareholder registry was transferred in the name of Defendant B with respect to the shares owned by the Plaintiff (hereinafter “instant shares”) as shown in the attached list. However, Defendant B did not pay the remainder of the transfer price of KRW 90 million.

Secondly, the Plaintiff expressed to Defendant B the intent to rescind the said transfer contract on the grounds of the non-payment of the balance of transfer of the shares upon the service of the copy of the complaint of this case. The copy of the complaint of this case was served on Defendant B on November 6, 2017.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts, since the transfer contract of this case was lawfully rescinded, the shares of this case were returned to the plaintiff as the effect of the cancellation.

Therefore, as long as Defendant B is disputing the shareholders’ rights of the instant shares, the Plaintiff and Defendant B are confirmed to be the Plaintiff, and the Defendant Company is obligated to implement the procedure to write the shareholders’ name on the shareholder registry to the Plaintiff.

B. As to this, the Defendants asserted that the transfer price of the instant shares was agreed to be paid by the Defendant Company for the proceeds derived from the operation of the Maritime Dredging Line, and that the Plaintiff cannot accept the Plaintiff’s claim unless there is any profit. However, there is no evidence to acknowledge that there was an agreement between the Plaintiff and the Defendant on the part of the Defendants.

C. In addition, the Defendants were released from the transfer contract of this case, and they were restored to its original state.

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