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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On June 2016, the Plaintiff and Nonparty D were shareholders holding shares of Co., Ltd. E (hereinafter “E”) (hereinafter “E shareholders”), Nonparty F, G, and H were shareholders holding shares of Co., Ltd. I (hereinafter “I”) at the same time.
(2) On June 8, 2016, the shareholders of E and I shall not be able to acquire the shares of E and I (hereinafter referred to as “the shares of E and I”) from each of the Defendants on or before the Plaintiff’s initiative, and shall not be able to acquire the shares of E and I (hereinafter referred to as “the shares of the non-party company”), real estate in the separate sheet owned by the non-party company (hereinafter referred to as “the real estate of this case”) and the building permit (the name of the non-party company) received in order to establish a tenement house on the land of E and I (the name of the non-party company) by comprehensively interpreting the following terms: (a) No. 1 and No. 2; (b) A’s transfer and takeover agreement; and (c) B’s transfer and takeover agreement; and (d) A’s transfer and takeover agreement.
In this regard, the agreement on the transfer and takeover of shares (corporate) in the certificate No. 3, although the name of the non-party company is stated in the seller (transferor). However, in light of the nature of the contract to transfer and acquire all shares (corporate) and its holding property and business rights, the transferor cannot be deemed the existing shareholders. Therefore, the language of the above agreement cannot be interpreted as transferring all shares, assets, business rights, etc. held by the plaintiff against the non-party company on behalf of both the E shareholders and the IB shareholders to the defendant B and C.
The term "stock (corporation) transfer/acquisition contract (hereinafter "the acquisition of the corporation of this case") was entered into with the term "stock (corporation) transfer/acquisition contract" as a comprehensive transfer key.
▷ 총 양도대금(법인 주식과 그 자산, 사업권 일체 포함) : 33억원정 ▷ 지급방법 - 소외 회사들의 기존 부채 748,995,825원 : 법인 부채로 남겨 둔...