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(영문) 대구지방법원 의성지원 2018.07.17 2016가합96
소유권이전등기말소등기절차이행등
Text

1. The Plaintiff:

A. As to the real estate listed in the attached Table B, Defendant Incorporated Co., Ltd.

Reasons

1. Facts of recognition;

A. On November 15, 2002, Plaintiff Company established E (F) as a representative director, and G and F have exercised the right of management as a de facto controlling shareholder since its incorporation. (2) On March 7, 2003, the Plaintiff Company entered into a sales contract with H organization to purchase two parcels of land for a factory in the Gyeong-gun I and J for the “B Before division” with the H organization on the following day: (12,00,000 won for down payment; and (3) on September 5, 2003, the remainder date was agreed to be September 5, 2003.

3) Thereafter, each of the above subdivisions of the factory sites was divided into 15 lots including the land listed in [Attachment 1-3] and 15 lots (hereinafter referred to as “instant factory site” for convenience when it is necessary to do so in a lump sum). B) A and F entered into an agreement with the Plaintiff Company, E, and G on June 30, 2003 that “The instant factory site shall be transferred to K in KRW 300,000,000, and K shall be assigned to the representative director of the Plaintiff Company, and G and E shall resign all of the Plaintiff Company and auditors and transfer the entire shares to K upon completion of payment of the transfer price.”

① G, etc. shall transfer the instant factory site to K, and K shall complete the registration of ownership transfer concerning the instant factory site by the 9th of that month, and when the registration of ownership transfer is completed, G, etc. shall transfer 49% of the Plaintiff Company’s shares to K.

(2) K shall pay 280,000,000 won to G, etc. with the proceeds of transfer of a corporation by September 30, 2003.

(3) When K implements the above matters, G, etc. shall resign from office as director of the Plaintiff Company and transfer all of its shares.

4. The Agreement dated June 30, 2003 shall become void under this Agreement.

5. When this Agreement is not implemented, K shall be.

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