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(영문) 청주지방법원 2016.11.30 2015가단108130
매매대금
Text

1. The defendant shall indicate his intention to transfer the shares listed in the attached list to the plaintiff, and the defendant shall notify C of his intention to transfer.

Reasons

1. According to the reasoning of Gap evidence Nos. 2, Eul evidence Nos. 1, 2, and 4 as to the cause of the claim and the purport of the entire pleadings, the plaintiff, Eul, and Eul shall be awarded a successful bid for G hotel land and buildings located in the Heung-gu Seoul Metropolitan Government in the name of C, Cheongju-gu, where the auction procedure was in progress, and shall be distributed to the plaintiff 40%, D30%, and E30% in the form without receiving the purchase price, for reporting at the tax office as to the relationship of rights. According to the above agreement, the plaintiff may recognize the fact that the transfer contract was concluded with the defendant designated by D on May 31, 2014 with the defendant, which is equivalent to 30% of the entire shares of C, which were not issued in the separate sheet No. 9,000 (hereinafter referred to as "the shares of this case"), and accordingly, the above list of shareholders of C Co., Ltd. became the defendant.

According to the above facts, the plaintiff's intention to transfer the shares in this case is invalid as it is concluded with the defendant with intention to have the appearance of the defendant with the name of the shares in this case without the number of any consideration for the transfer of shares, and thus, it is invalid as it is concluded in accordance with the false conspiracy with the defendant. Accordingly, the defendant has a duty to notify the plaintiff of the transfer of the shares in the attached list

2. The Defendant’s assertion that the Plaintiff demanded the return of the total amount of money invested in order to be awarded a successful bid for G hotel land and building and the Plaintiff returned the total amount to the Plaintiff, and the Plaintiff transferred the instant shares to the Defendant in return. Thus, the Defendant’s withdrawal of KRW 230 million in total from the account in the name of C Co., Ltd. for April 17, 2014, KRW 50 million, KRW 30 million on April 18, 2014, KRW 150 million on June 19, 2014, and KRW 150 million on June 19, 2014, is recognized, but there is no evidence to acknowledge that the Defendant invested the said amount in C Co., Ltd. and withdrawn it.

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