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(영문) 광주고등법원 2020.11.18 2019나23540
손해배상(기)
Text

The plaintiff's appeal and the claims added by this court are all dismissed.

costs of lawsuit after an appeal are filed.

Reasons

The plaintiff in the scope of the judgment of this court was sought by the first instance court to confirm that the shareholders of all the shares issued by the Appointed D were the plaintiff, but the first instance court rejected the request.

Since the plaintiff did not appeal against this part, the subject of the judgment of this court is limited to the remaining parts except this.

Basic Facts

A. The Defendant trusted 31,00 shares issued D (hereinafter “instant shares”) to C in title with the shares listed in the attached Table 2, and the share certificates with respect to the instant shares were not issued until the closing date of the argument in this court.

The Defendant shall transfer to the Plaintiff all the business rights to the following housing construction projects conducted by the Appointor D, but the method of transfer shall be 100% of the shares of the Appointor D in the name of the Plaintiff or the person designated by the Plaintiff, and the settlement shall be paid from the Plaintiff in such a manner as set forth below.

1. Details of housing construction project - Developers D (hereafter omitted);

2. The sum of the settlement amount shall be KRW 3,00,000,000,000 in total to the defendant, and the ownership transfer registration period shall be five bonds of apartment buildings completed on the business place of this case.

3. Methods of paying settlement money;

(a) Cash of KRW 3,000,000: In principle, it shall be deposited and paid in the account (Account Number omitted) account in the name of the F Association G on the defendant side;

- KRW 500,000,000 when a contract is concluded: KRW 100,000,000 shall be paid on the following day ( March 3, 2015), and KRW 400,000,000 shall be paid on March 9, 2015.

(hereinafter referred to as "the part payments") - The first part of the part payments of KRW 500,000,000: April 2, 2015 (hereinafter referred to as "the part payments") - The part payments of KRW 1,000,000 and the remainder of KRW 1,000,000: In principle, it shall be paid within the shortest time from the date of commencement of the sale contract.

However, as long as the progress of the project of this case is not impeded by the agreement between the plaintiff and the defendant, the plaintiff shall be the maximum.

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