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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 owned shares of Defendant B Co., Ltd. (hereinafter “Defendant B”) (hereinafter “B shareholders”), Nonparty E, F, and G were shareholders holding shares of Defendant C (hereinafter “Defendant C”) at the same time.
(2) Around June 8, 2016, the shareholders of the B and C have developed a comprehensive interpretation of the following terms: (a) each of the shares held by the Defendant B and the Defendant C (hereinafter referred to as the “Defendant Company”) and each of the real estate listed in the separate sheet owned by the Defendant Company (hereinafter referred to as the “instant real estate”) and the building permit (the name of the Defendant Company) obtained in order to establish a tenement house on the ground of the Plaintiff’s initiative; (b) each of the shares held by the Defendant B and the Defendant C (hereinafter referred to as the “Defendant Company”) and the real estate listed in the separate sheet owned by the Defendant Company (hereinafter referred to as the “instant real estate”) and the construction permit (the name of the Defendant Company) obtained in order to establish a tenement house on the ground of the Plaintiff’s initiative.
Of these, the agreement on the transfer and takeover of shares (corporate) in the certificate of No. 3 B contains the name of the Defendant Company in the seller (transferor). However, given the nature of the agreement 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 agreement cannot be interpreted as transferring all shares, assets, business rights, etc. held by the Plaintiff against the Defendant Company on behalf of both B and C shareholders to Nonparty H and I.
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 - 피고 회사들의 기존 부채 748,995...