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(영문) 부산지방법원 2016.08.18 2015나45359
약정금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs in relation to the money ordered to pay below shall be revoked.

Reasons

1. Basic facts

A. Plaintiff A, B, and net G (Death on January 15, 2012) was a person who was a shareholder of H (hereinafter referred to as “instant company”) who runs an aggregate extraction business, etc. (hereinafter referred to as “Plaintiff A, etc.”), among the total shares of the instant company 137,50, the Plaintiff A held 13,750 shares (share ratio of 10%) among the total shares of the instant company 137,500 shares, and the Plaintiff B and the Deceased held 6,875 shares (share ratio of 5%) respectively, and the inheritance ratio of Plaintiff C, D, and E as co-inheritors of the deceased is 3:2:2.

B. On September 14, 2010, Plaintiff A et al. transferred to the Defendant all the shares issued by the instant company, which they hold with the Defendant (hereinafter “transfer of shares”). At the time, “The transferor waives his/her right to civil and criminal shares before the transfer of shares, but allocates them to the share ownership ratio prior to the transfer of shares if the compensation is made through the 4th class project,” together with a letter containing the content (hereinafter “instant agreement”), signed and sealed by the Defendant on December 19, 201, and the Deceased transferred all the shares of the instant company held by the Defendant, Plaintiff A, and B to K on February 20, 2012.

C. On February 25, 2013, the instant company filed a report on the closure of aggregate extraction business and filed a claim for restructuring support under the Aggregate Extraction Act with the Busan Regional Land Management Office on May 22, 2013 and June 18, 2013. On May 2013 and July 2, 2013, the instant company received payment of KRW 56,157,320 (i.e., 346,458,660 for the period of private gathering KRW 19,69,660 for the period of screening KRW 19,00,000 for the closure of business.

The instant company obtained permission to extract aggregate from April 7, 2008 to April 6, 2009 for the aggregate collection period of J 107,08 square meters (LL districts) from the head of Dong-gun, Dong-gun, Chungcheongnam-do, Seoul, for the period from April 7, 2008 to April 6, 2009, and operated aggregate extraction business in the said river from around that time. The Korea Land and Housing Corporation entrusted with compensation for losses from the Korea Water Resources Corporation.

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