logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2016.05.18 2015나2240
명의변경절차이행 등
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. Of the principal lawsuit brought by the first instance court, the part concerning the request for the discharge of the procedure for title change among the principal lawsuit brought by the first instance court is limited to the Plaintiff’s remaining principal lawsuit and the Defendant’s counterclaim, since both parties did not appeal after the first instance court rendered a judgment of rejection.

2. The following facts, which are common to a principal lawsuit and a counterclaim, are not disputed between the parties, may be acknowledged either by the respective entries in Gap's Evidence Nos. 1, 3, 4, 5, 7 through 13, and Eul's Evidence Nos. 1 and 9 (including the numbers when they are not specially indicated; hereinafter the same shall apply) and by the overall purport of pleadings, and there is no counter-proof.

C Co., Ltd. (hereinafter referred to as “C”) owns mining (the extraction right registration number) in the area of 139ha from G G G G in Kimcheon-si to November 27, 1998 to November 26, 2018.

B. On December 11, 2012, the Plaintiff, the representative director of C, transferred C’s shares (including all business rights) to the Defendant at KRW 100 million, and entered into a corporate transfer and takeover contract (see Evidence A; hereinafter “instant contract”) with the content that the purchase price shall be KRW 15 million as the down payment on the date of the contract, KRW 35 million as the intermediate payment, KRW 35 million as of December 24, 2012, and KRW 50 million as of January 8, 2013, respectively.

The plaintiff delivered all documents necessary for the change of the representative of C and the implementation of the transfer procedure of shares to the defendant on the date of the contract of this case, and the defendant was appointed as the representative director of C on the

C. The Defendant paid to the Plaintiff KRW 10 million on December 6, 2012, KRW 5 million on December 17, 2012, KRW 3 million on January 9, 2013, KRW 4 million on January 29, 2013, KRW 200,000 on January 29, 2013, KRW 28 million on January 29, 2013, KRW 3 million on February 15, 2013, KRW 40 million on April 24, 2013, and KRW 8 million on each of them, respectively.

3...

arrow