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(영문) 수원지방법원안산지원 2014.11.18 2014가단437
소유권이전등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 31, 2008, the Plaintiff entered into a contract with the Defendant to transfer management rights to D Co., Ltd. operated by the Plaintiff to the Defendant (hereinafter “instant contract”). The main contents are as follows.

Article 2 (Transfer of Stocks) The transferee (Defendant) shall take over all the shares issued by the company owned by the transferor from the transferor.

To this end, both parties enter into a separate contract for share acquisition.

Article 3 (Price for Transfer of Stocks) The remuneration for the transfer of shares under the preceding Article shall be the gold sale price of KRW 813,600,000 ($ 813,60,000).

Article 4 (Transfer of Right of Management and Reversion of Claims and Obligations)

1. Claims and obligations based on January 31, 2008 shall belong to the assignee and the assignee shall participate in the management after the date of acquisition of shares;

2. The transferor shall submit the financial statements by January 31, 2008 to the transferee for the confirmation of the obligation under the preceding one, and Article 5 of the Stock Transfer Agreement shall apply to the financial statements by January 31, 2008; and

3. The transferee shall have management rights and ownership from the date of acquisition of shares.

4.In order to facilitate a transfer of management rights, A, the transferor, after the date of stock acquisition, shall have the following authority and obligations:

1) At least three years of work as a joint representative, and make every effort to increase the company’s sales and net profit for the next three years. Moreover, the sales of the company other than Knife shall increase by at least 30% per year, and net profit of the company shall be at least 20% of the sales, and the balance of the account receivables shall not exceed 25% of the cumulative sales. However, in 2008, the evaluation of the sales, net profit, and balance of the account receivables shall be conducted on the basis of the period after the introduction of facilities and the relocation of factories. (a) In order to faithfully implement the above matters, provisional registration shall be made in the name of SRC for apartment purchased by the transferor, and the provisional registration shall be made in the name of SRC for apartment purchased by the transferor, January 201.

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