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(영문) 서울남부지방법원 2016.10.06 2015가단233214
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 1986, the Plaintiff established C Co., Ltd. (D, around June 2002, as E Co., Ltd., Jan. 19, 2009, as E Co., Ltd., and as F Co., Ltd. on March 17, 2009; hereinafter “instant company”) and took office as representative director regardless of whether it was before or after the mutual change, and owned a total of 40,000 shares issued by the instant company under the name of G and H, one of its own or its children.

B. On March 31, 199, the instant company purchased land and the site, buildings and L located in K, and forests located in K (hereinafter collectively referred to as “instant real estate”) from auction procedure to complete the registration of ownership transfer, and operated N, a large leisure facility in the instant real estate after completing the registration of ownership transfer.

C. On December 27, 2001, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) with respect to 1/2 shares out of the instant real estate.

On January 13, 2009, the Plaintiff prepared a letter of commitment to the agreement (hereinafter “instant letter of commitment”) with the following contents as follows, and affixed the corporate seal of the instant company to the name of the Plaintiff.

2) Since the Plaintiff received KRW 36,000,000,000 of the shares of the Plaintiff Company of this case as the share purchase price, the Plaintiff agreed to transfer 36,000 shares to the Defendant by January 15, 2009. (3) The Plaintiff shall transfer 20,000 shares of the Plaintiff Company of this case’s shares to the Defendant by April 10, 2009.

4) The Plaintiff shall terminate the provisional registration of the principal established on the instant company’s real estate until April 10, 209. 5) The Defendant shall succeed to the instant company’s obligations.

6) The representative director of the instant company shall hold a general meeting on January 19, 2009. 7) The Plaintiff’s representative director of the instant company shall affix their respective seals on behalf of the Plaintiff, who is the mother of the Plaintiff.

8 The above contents are fully read and sealed after being affixed to each other.

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