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1. Compulsory execution against the Defendant’s Plaintiff based on the Jeju District Court Decision 2016Na28 Decided January 11, 2017.
Reasons
1. Facts of recognition;
A. On November 15, 2004, C Co., Ltd. (hereinafter “Nonindicted Company”) held a temporary general meeting of shareholders and established a so-called “the modernization plan” for the remodeling of the C building owned by the Nonparty Company, and passed a resolution to raise funds by utilizing part of the shares (no stock certificates were issued) owned by shareholders of the Nonparty Company, including the Defendant, instead of receiving cash contributions from the shareholders of the Nonparty Company.
B. Around 2004, the Defendant held 400 shares of the non-party company. However, on December 22, 2004 in accordance with the modernization plan, on December 22, 2004, 92 shares out of the above 400 shares (hereinafter “the shares in this case”) were transferred to the transfer amount of KRW 46 million (500,000 per share) (the 500,000 won per share) and issued to the non-party company a certificate of stock transfer (the evidence No. 2 of the shares in this case) indicating the Defendant’s name and seal on December 23, 2004, the non-party company prevented the transfer of the shares in this case and the transfer of shares to the non-party company on December 23, 2004, the total number of six shares owned by the six shareholders, including the Defendant’s shares in this case, in which a certificate of stock transfer was
C. On February 10, 2005, the Defendant transferred 400 shares of the non-party company owned by the Defendant to the Plaintiff, who is the shareholder of the non-party company and the representative director of the non-party company D, as KRW 200 million.
(hereinafter “instant transfer contract”). The Plaintiff paid only KRW 150 million out of the share transfer price of KRW 200 million, and did not pay the remainder of KRW 46 million.
Therefore, the defendant filed a lawsuit against the plaintiff for the payment of the transfer price of the shares of this case 46 million won and damages for delay thereof (this court 2015da150) under the transfer contract of this case against the plaintiff, and lost the defendant at the first instance court. However, after the pleading was concluded on October 26, 2016 in the appellate court (this court 201Na28), the shares of this case against the non-party company on January 11, 2017.