(영문) 광주지방법원 2017.06.22 2016가합1627 (1)

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(영문) 광주지방법원 2017.06.22 2016가합1627 (1)

사원권양도계약부존재확인 등

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1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The plaintiff's claim against the defendant C is dismissed.

3...

Reasons

1. Basic facts

A. On May 7, 2001, when the Plaintiff was in office as a representative member of D unlimited partnership (hereinafter “instant company”), and was holding all shares of KRW 700 million, the Plaintiff left the company’s name with the shares of KRW 560 million, and on September 4, 2001, held a title trust of the said shares of KRW 140 million among the said investments, but changed the title trustee on June 8, 2005 to F.

B. (1) On November 25, 2003, the Plaintiff transferred 50% of the shares of the instant company in the Plaintiff’s name to Defendant B (hereinafter “instant shares”) from among the shares of the instant company in the Plaintiff’s name. Defendant B paid KRW 200 million to the Plaintiff as the acquisition price, and the Plaintiff entered into a contract of transfer of shares to replace the Plaintiff with the security offered by the Plaintiff by newly providing security equivalent to approximately KRW 150 million equivalent to KRW 50 million equivalent to the security offered by the Plaintiff for liquor companies.

(2) Defendant B paid a total of KRW 200 million to the Plaintiff by February 24, 2005 pursuant to the first share transfer contract, but the said contractual obligation to provide security was not fulfilled.

(3) Thereafter, around January 24, 2007, the Plaintiff prepared and delivered a letter that the Plaintiff transferred the instant shares and all rights to Defendant B.

C. (1) On July 6, 2006, the Plaintiff transferred 50% of the remainder of the shares of the instant company (including KRW 140 million in the F’s name and KRW 210 million in the remainder of the shares in the Plaintiff’s name) to G on KRW 100 million, and the Plaintiff and G agreed to operate the instant company by additionally investing KRW 100 million in each of them.

(2) Accordingly, on July 31, 2006, the Plaintiff transferred the remainder of 50% shares to G, resulting in the alteration of membership based on G’s membership, and registered G as the representative member of the instant company.

The company of this case is the defendant on June 30, 2009.

유사 판례

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