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(영문) 창원지방법원진주지원 2020.02.12 2019가합10609
양도양수계약무효확인의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On April 208, 2008, the Plaintiff, a founder of school juristic person D (hereinafter “D”) and the son of the network C (hereinafter “the deceased”), who was the president at the time, agreed to appoint the deceased’s family member. On April 1, 2008, the acquisition price of E and D delegated by the Defendant with the authority to negotiate D transfer and acquisition contracts by the Defendant is 2.4 billion won, and the Plaintiff separately pays 400 million won, and five of the seven directors of D, appointed by the Defendant, and the remaining two, appointed the deceased’s family member.

B. The F, nominated by the Defendant and the Defendant, was appointed as two of the seven directors of D around May 30, 2008.

C. On July 3, 2008, the Deceased and the Defendant: (a) transferred D operation to the Defendant; and (b) the Defendant concluded a contract with the same as the statement in the “Contract for Transfer and Acquisition of School Foundation D” (hereinafter “instant transfer contract”) with which the Deceased shall pay 2.4 billion won consolation money to the Deceased.

Meanwhile, with regard to the payment time of 2.4 billion won for the above consolation benefits, KRW 45 million on the day of the contract, KRW 750 million on August 4, 2008, KRW 2000,000, KRW 2500,000 on the day of the contract, and KRW 2,592 square meters in the name of Scheon-si G2,592 square meters (hereinafter “instant private teaching institute site”), the ownership transfer registration was made in the name of D, and the three directors of the Defendant and one auditor were determined to pay KRW 2.4

On August 4, 2008, at the time of the payment of consolation money of KRW 750 million under the transfer contract of this case, the Defendant prepared a written confirmation to pay KRW 200 million in total 200 million on the day of the contract with the Plaintiff, who was the deceased’s children, to manage and maintain D. The Defendant completed the registration of transfer of ownership in D’s name with respect to the private teaching institute site of this case, and to pay KRW 200 million on the day when three directors of the Defendant newly appointed and one auditor complete the registration.

(hereinafter “instant consolation benefits contract”). E.

Under the instant transfer contract, the Defendant: (a) KRW 450 million on July 3, 2008; and (b) KRW 750 million on August 5, 2008; and (c) KRW 120 million on a total; and (d) KRW 1,200,000,000 in accordance with the instant consolation benefits contract.

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