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(영문) 서울중앙지방법원 2014.04.02 2012가단276368
명의개서
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. The plaintiff's assertion

A. From around 2008, the Plaintiff established the Defendant Company to run a business that constructs a warehouse of 32,042 square meters of land size D in Gwangju-si, and 73,452 square meters of land size, and transferred the entire shares of the Defendant Company to the Defendant B.

B. On July 13, 201, the Plaintiff agreed to terminate the transfer contract as Defendant B did not perform its duty under the transfer contract, and agreed to receive 50% of the shares of the Defendant Company that was transferred to Defendant B and Defendant B again to the Plaintiff or to the person designated by the Plaintiff (hereinafter “instant agreement”), and the Defendant also knows the content of the instant agreement.

C. Defendant B, in accordance with the above agreement, transferred 35% of the shares of the Defendant Company to the Plaintiff, but the remaining 15% did not transfer the shares of the Defendant Company. As such, Defendant B is obligated to deliver 750 shares equivalent to 15% of the shares of the Defendant Company to the Plaintiff, and the Defendant Company is obligated to implement the transfer procedure with respect to the said shares as

2. Determination

A. As to whether Defendant B decided on the claim against Defendant B decided to transfer 50% of the shares of the Defendant Company to the Plaintiff, subparagraph 2 of the instant agreement (No. 1), the Defendant holds 50% of the shares of the Defendant Company in consideration of the Plaintiff’s lending of money, but 35% of the shares of the Defendant Company was transferred from the shares of the Defendant B and the Defendant B, and the remaining 15% of the shares were recovered and held.

The remaining shareholders except E agree that the shares of each shareholder will be reduced by 50/85 according to the transfer of 35% from the shares of the heading A and B.

(A) The holders of the Cowal shares in Defendant B and Defendant B shall convene a board of directors of the Defendant Company to obtain 35% of the Cowal shares in Defendant B and B and approve the resolution.

Plaintiff

Other shareholders and Defendant Company shall have the shares of E.

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