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(영문) 제주지방법원 2017.08.24 2016가합11581
소유권이전등기
Text

Of the instant lawsuit, the part of the claim for shareholder confirmation against the Defendants is dismissed.

The Plaintiff’s Defendants respectively.

Reasons

1. Basic facts

A. The relationship between the parties 1) D is an intention to operate “Fbuine” in the building located in Jeju City, and the Plaintiff is the spouse of D. 2) Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) established on August 29, 2008 and engaged in soba and souping operations in each real estate listed in the separate sheet (referring to each real estate listed in the separate sheet and hereinafter “G building”). The Defendant C, who was appointed as an internal director on August 26, 2015, actually operates the Defendant Co., Ltd.

3) The share per share issued by the Defendant Company is KRW 10,00,000, which is a total of KRW 35,000,000 (at that time, the shareholder registry was registered as a shareholder by H, I, and J, and they are those who lend their names to Defendant C.

(B) The present total number of outstanding shares is 65,000 shares with capital increase on August 27, 2015. (B) The contract of this case was prepared on April 10, 2014 under the name of K and the Plaintiff, the representative director of the Defendant Company, and on April 10, 2014 (hereinafter “instant contract”). On the same day, KRW 500 million was deposited from the account under the name of H to the account under the name of H.

Matters of special agreement

1. The transfer and acquisition of 13% of the shares of the Defendant Company, as well as the down payment on the sales and purchase of G Hot Spring G Hot Spring Land and Building owned by the Defendant Company;

2. The total purchase price of stocks shall be 11.5 billion won;

3. A loan of the Defendant Company’s debts amounting to four billion won shall be succeeded by the purchaser as it is, as it is, to the total amount of

5. If 37% of the shares are subscribed as part payments after succession to 4 billion won of the debt, and 50% of the outstanding shares are purchased as part payments, the joint representative shall be appointed until the balance is paid.

6. When a purchaser purchases all balance of 50% and 50% of stocks and completes the takeover of a corporation, the purchaser shall sell them and the purchaser shall respectively handle the relevant tax;

7. Shares shall be converted into 100, pay 500 billion won out of the contract deposit of 1 billion won at the same time, and shall pay 500 million won in the difference of the down payment within 30 days on the contract date, and shall be the shares of the Defendant Company.

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