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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 26, 2010, the Plaintiff was appointed as a representative of the Incorporated Foundation C (hereinafter “Nonindicted Corporation”) for the purpose of workplace skill development training business, education and training business, etc., and completed the registration of appointment on March 18, 2010.
B. On June 15, 2011, the Plaintiff entered into a provisional contract with the Defendant to transfer the non-party corporation and the right to operate the non-party corporation to the Defendant on behalf of the non-party corporation at KRW 300 million, and from the Defendant, the president was issued a document stating that “the chief director is appointed as a new executive officer of the non-party corporation by the Defendant, the director, the E, F, G, the Plaintiff, and the auditor.”
C. The plaintiff was above B.
On June 20, 201, pursuant to the paragraph (a), a contract was entered into on June 20, 201 with the content that the non-party corporation and the right to operate was transferred (hereinafter “instant transfer contract”), and the main contents of the contract are as follows.
Article 1:Subject matter ① The subject matter of this contract shall be the right to operate the non-party corporation and the principal school.
(2) The basic property consisting of 15,819 square meters and 89,514 square meters and 89,514 square meters and 15,000 square meters and 89,000 square meters and more of J forests in Ansan-si
Article 2:Transfer Amount. (1) The total transfer amount shall be KRW 200 million.
(2) The payment method of the transfer price: The defendant shall pay to the plaintiff in cash the down payment of KRW 20 million at the same time as the contract is made, and the balance of KRW 180 million shall be paid until June 30, 201.
At the same time, the plaintiff shall transfer all of the documents for resignation of executive officers of the board of directors, delegation of power of representation, corporate seal impression, corporate card, registration ledger of basic property, etc., cancellation of provisional seizure of basic property, and changes of executive officers.
Article 7:Cancellation of a Contract. (1) If a contract is terminated on its own responsibility, the plaintiff and the defendant may terminate this contract without delay, after giving written notice of correction, if the contract is terminated, and if the contract is not corrected within the deadline.
(2) Where a contract is terminated on the defendant's responsibility, this contract shall be terminated.