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(영문) 의정부지방법원고양지원 2017.04.14 2016가단22724
양도금
Text

1. The request is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The assertion;

A. The plaintiff alleged that the plaintiff sold 60 million won of the Korean plant stocks Co., Ltd. to the defendant at 30 million won, and the defendant should pay the purchase price to the plaintiff.

B. The shares held in the name of the Plaintiff in the name of the Defendant’s assertion are those held by C in title trust and taken the form of transfer only in the form of title recovery.

2. In order to establish a judgment sale contract, one party agrees to transfer the property right to the other party and the other party agrees to pay the price.

However, the Plaintiff voluntarily prepared a written contract for stock transfer and receipt (Evidence A1) with D, not “Defendant”, and it is recognized that D affixed the seal to the documents concerned, without any interest in the purchase price.

In full view of these circumstances, the claim of this case seeking the purchase price cannot be accepted, since it is difficult to view that there was a share sale contract between the Plaintiff and the Defendant.

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