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(영문) 서울중앙지방법원 2016.07.01 2015가합560207
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Article 2 (B's Business Affairs);

B. B shall transfer the common shares B to the Plaintiff at the ratio of 55% to Plaintiff 45%, but the Plaintiff and B shall agree on all business affairs.

In addition, after completion, B and the shareholder of the plaintiff will be divided.

Article 3 (Business of Plaintiffs)

A. In an auction for co-ownership of land in which the instant building is located, the Plaintiff shall acquire the ownership in B’s name.

B. Also, the above A.

After the completion of the procedure under subsection (1), the plaintiff is responsible to raise funds required for the normal completion of the building of this case, but the amount of the funds shall be determined by consultation between B and the plaintiff after the next.

On March 27, 2013, the Plaintiff entered into a business agreement with the Defendant to jointly implement the construction project of the main complex building (hereinafter “instant project”) on the ground specified in the separate sheet (hereinafter “each of the instant land”) with each of the real estate listed in the separate sheet (hereinafter “each of the instant land”).

The main contents thereof are as follows:

Article 1 (Purpose) This Agreement aims to clarify the legal relationship between B and the Plaintiff with respect to the progress of the business of this case, including the completion, which is currently promoted by B.

Article 3 (Succession to Business Agreements) The contents of the business agreements concluded between B and the plaintiff prior to the preparation of the said agreements shall be deemed to be included in the contents of the said agreements to the extent not inconsistent with the provisions of this Agreement.

Article 4 (B’s Distribution of Shares) Section B is a common share issued by the Defendant and transfers 45% shares issued by B out of the shares of 70% held by the Defendant to the Plaintiff under the above agreement, so that the Plaintiff may hold 45% of the common shares issued by B.

The price shall be determined separately, but the amount of money in the stock transfer contract may be specified as necessary.

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