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(영문) 창원지방법원거창지원 2019.01.22 2018가단10918
주식명의개서절차이행청구의 소
Text

1. Of the instant lawsuit, the part concerning the claim for confirmation of shareholder status is dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

Basic Facts

The defendant is a corporation established for the purpose of collecting, processing, selling, etc. forest aggregates.

2. The Plaintiff shall pay C the transfer price of KRW 2.4 billion as follows. A.

The plaintiff shall pay 500 million won to C as the down payment when concluding the above agreement.

B. Upon obtaining permission for the extension of aggregate extraction business from the head of the partnership in the name of the defendant, the loan to the defendant and C as security within two months from the date the permission is granted shall be paid the total amount of KRW 1.7 billion by the plaintiff on his/her own burden.

However, regardless of loan, the plaintiff shall implement it.

C. The remainder of KRW 200 million shall be paid up to December 30, 2015.

6. The plaintiff takes office as the representative director of the defendant and the defendant exercises all management rights as the representative director of each party, and C actively cooperates in exercising management rights as the representative director of each party.

9. C and the Plaintiff cannot dismiss C and the Plaintiff from their respective representative directors without prior written consent.

The plaintiff shall resign from the office of representative director without any condition that the plaintiff does not comply with paragraph (2).

10. The shares issued by the Defendant are currently 31,50 shares in the name of C, 21,00 shares in the name of E, 21,00 shares in the name of F, 26,250 shares in the name of G, 26,250 shares in the name of G, and 26,250 shares in the name of F. On the date of conclusion of the above agreement, C first of all, 26,250 shares in the name of the Plaintiff, and 26,250 shares in the name of G, as

12. The Plaintiff’s payment of any balance of KRW 2.4 billion to C and simultaneous performance thereof, C shall immediately transfer shares 31,500 shares in the name of the Defendant C and shares 21,000 shares in the name of the Plaintiff or a person designated by the Plaintiff. The share transaction tax for the said share transfer shall be borne by C.

19. Cruel, if no permission for the extension of the aggregate extraction business is obtained from the head of Gohap-gun to December 31, 2015, C shall return the down payment of KRW 500 million to H, and the Plaintiff and H shall begin from the agreed date.

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