(영문) 수원지방법원 안양지원 2018.10.19 2018가단102957

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(영문) 수원지방법원 안양지원 2018.10.19 2018가단102957

주주권확인

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1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. On May 25, 2017, the Intervenor entered into a joint agreement with H and I on the acquisition of shares and joint business (hereinafter “instant joint business agreement”) with the following content.

H I CD

B. On June 20, 2017, pursuant to Article 2 of the instant Joint Project Agreement, D was established on June 20, 2017, and the Defendant’s Intervenor held title trust with the Defendant and the designated parties of the instant shares amounting to 40% of the total issued shares of D pursuant to Article 4 of the instant Joint Project Agreement.

C. On September 5, 2017, the Intervenor expressed to I and D the intent to rescind the instant joint project agreement on the grounds of the I’s advance payment and the unpaid share purchase price. D.

On the other hand, the shareholders listed in D's list are as follows.

The total amount of 1,00 common shares of 12 K ordinary shares of 12 K ordinary shares of 6,000 3,000 of 3,000 common shares of 4,000 common shares of 5,000 Ga common shares of 1,000 Ga common shares of 7,000 Ga common shares of 7,000 Ga common shares of 4,999 8 L common shares of 5,000: the aggregate amount of 5,000 common shares of 20,000 shares of Ga common shares of 1,00

2. The plaintiff's assertion and judgment

A. The gist of the assertion was that the Plaintiff transferred the instant shares owned by the Plaintiff to I in the amount of KRW 40 million.

Meanwhile, according to the instant joint project agreement, I decided to transfer the instant shares to the Intervenor joining the Defendant in accordance with the instant joint project agreement, and transferred the instant shares that the Plaintiff acquired from the Plaintiff to the Defendant and the Intervenor designated by the Intervenor joining the Defendant.

However, the instant share transfer contract concluded between I and the Intervenor was rescinded due to the non-payment of the purchase price of the shares by the Intervenor joining the Defendant, and I also did not pay the purchase price of the instant shares to the Plaintiff, and the instant share transfer contract concluded between I and I was rescinded.

The status entered into between the Plaintiff and I.

유사 판례

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