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(영문) 서울남부지방법원 2017.12.19 2017가단11975
명의변경
Text

1. The Defendants are in the name of the buyer in the sales contract for 10% of the shares in the C Building 307, Dong 202, Chungcheongnam-gun, Chungcheongnam-gun.

Reasons

1. Facts of recognition;

A. On August 22, 2011, the Plaintiff, in the name of the Defendant’s assistant intervenor (hereinafter from D to B), entered into a contract for the use of the facilities of Defendant Golf clubs with Defendant Korea Securities Finance Co., Ltd., a responsible seller’s instant golf club Co., Ltd. (hereinafter “Defendant’s golf club”) to purchase 10% of the shares indicated in the order (hereinafter “instant shares”) at KRW 19.6 million, and with the special agreement on the said sales contract.

B. From July 20, 2011 to July 2, 2012, the Plaintiff paid KRW 119.6 million to Defendant Golf Clubs for six occasions. The Plaintiff paid KRW 18.7 million for management expenses in 2012, and KRW 1.7 million for management expenses in 2013 for the instant shares.

C. On January 20, 2017, the court 2016Kadan36113, which filed against the Defendants, concluded mediation that “The Plaintiff is in the position of purchaser with respect to the sales contract for the instant shares and paid the full purchase price to the Defendants.”

On the other hand, on August 24, 2017, the Defendant Intervenor submitted an application to intervene in the instant golf club with the purport that “the instant golf club membership does not intend to change the name of the Plaintiff with the property of the Defendant Intervenor.” As to this, the Plaintiff’s response on October 22, 2017, which included the Plaintiff’s “the Defendant Intervenor’s claim from the Defendant Intervenor to change the purchaser’s name with respect to the instant shares purchased by borrowing the name of the Defendant Intervenor,” was served on the Defendant Intervenor on November 9, 2017.

[Ground of recognition] Facts without dispute, Gap 1, 12 through 22, Eul 1, 2 and the purport of the whole pleadings

2. According to the above facts of determination, the Plaintiff is the name of the purchaser or facility user under the sales contract and the agreement on the use of the instant shares to the Defendant’s auxiliary intervenor.

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