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(영문) 서울중앙지방법원 2020.11.11 2019나4785
소유권이전등기말소 등
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay KRW 220,000,000 from the plaintiff and the defendant shall pay for this.

Reasons

1. Basic facts

A. A. On June 19, 2013, the Plaintiff is a company established for the purpose of maritime gathering and sales business, etc. (1) The Plaintiff (C at the time representative director) entered into a sales contract to sell a vessel listed in attached Table 1 (E; hereinafter referred to as “instant tugboat”) to the Defendant (representative D) for KRW 8,00,000, and a vessel listed in attached Table 2 (F; hereinafter referred to as “instant branch vessel”); and 132,00,000,000, in total, of KRW 220,000,000 (hereinafter referred to as “instant vessel”).

3) On June 19, 2013, the Defendant paid the Plaintiff a total of KRW 220,000,000 to the Plaintiff, and completed the registration of ownership transfer concerning the instant vessel on the same day. (4) At the time of the conclusion of the instant sales contract and the registration of ownership transfer against the Defendant, the Plaintiff did not undergo a special resolution of the general

B. The Plaintiff’s current shareholder status and management right dispute 1) G holding 150,000 shares issued by the Plaintiff under one’s name and appointed C as the Plaintiff’s representative director in title trust with C, H, etc. around 1997. (2) However, as C, etc. arbitrarily operates the company, G filed a lawsuit against Seoul Southern District Court Decision 2014Gahap10991 on October 2, 2014 to find the Plaintiff’s management right, etc., and the said court rendered a judgment accepting all G’s claims on September 18, 2015.

3) Although C et al. filed an appeal and a final appeal, they were all dismissed (Seoul High Court Decision 2015Na2055401, Supreme Court Decision 2016Da232303, Supreme Court Decision 2016Da232303). The above judgment became final and conclusive as it is. [Grounds for Recognition] The facts that there is no dispute, Gap evidence 1 and 2 (which include the number of pages;

- The entry in the evidence Nos. 1 and 4 of Eul and the purport of the whole pleadings

2. The parties' assertion

A. The purport of the Plaintiff’s assertion is that the instant vessel is essential for the Plaintiff.

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