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(영문) 의정부지방법원고양지원 2017.09.08 2016가합73811
소유권이전등기 등 말소청구의 소
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1. Of the Plaintiff’s lawsuit against Defendant B, part of the claim for cancellation of the additional registration of transfer of ownership transfer right.

Reasons

1. Facts of recognition;

A. The Plaintiff and C Co., Ltd., a debtor of the Plaintiff, (hereinafter “C”), are corporations engaging in semiconductor development and sale, manufacturing and recycling of non-ferrous metals, and recycling and processing business, etc.

C The previous trade name is D Co., Ltd., and on March 30, 2012, its trade name was changed to C, and on April 3, 2012, the registration of its change was completed.

(C), regardless of whether it is before or after the change in its trade name, the Plaintiff and C (hereinafter “C”). On December 9, 2010, the date of issuance, December 9, 2010, and the date of payment, March 20, 2011, from E, who was the addressee of the notarial deed of a promissory note, Seoul at the place of payment for the place of issuance, the Plaintiff notified C of the transfer of the above claim on February 24, 2015, and E sent the above assignment of claim to C on February 24, 2015. At that time, E reached C.

In other words, the plaintiff is a creditor who currently holds a monetary claim against C.

B. C’s financial position was subject to the audit opinion from an external auditor on March 30, 201, on the “proving of opinion due to uncertainty on the capacity of continuation as a continuing company” and was determined on April 25, 201 by the KOSDAQregistered corporation.

C- As of December 31, 2015, the total amount of assets listed in the standard balance sheet (Evidence B-3) as of December 31, 2015 is KRW 2,751,276,761, and the total amount of liabilities is KRW 11,38,736,218.

Meanwhile, according to the list of property submitted by C on June 15, 2015 in the High Support 2014Kao 7613, the property order was presented by C around that time, and C only had a total of KRW 189,336,629, including the deposit claim of KRW 3,831,605, KRW 100,000, KRW 100,000, KRW 85,505,024, and the rehabilitation claim of KRW 189,36,629.

C. F’s appointment of C representative director and each of his names’ claim for transfer of ownership (hereinafter “each of the instant provisional registrations”) was completed, C/C each of the convertible bonds with KRW 99,00,000, Oct. 7, 2010, prior to the listing abolition, prior to the listing abolition, and the convertible bonds with KRW 1 billion on Oct. 14, 2010, and KRW 2 billion on Nov. 18, 2010, respectively.

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