(영문) 인천지방법원 2019.01.29 2018가단246346

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(영문) 인천지방법원 2019.01.29 2018가단246346

주식반환청구

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1. Of the instant lawsuit, the part of the claim for implementation of the transfer procedure against the Defendant is dismissed.

2. To indicate the attached shares;

Reasons

1. Basic facts

A. At the time of May 26, 2017, the Plaintiff and the Defendant entered into a contract with the Defendant to purchase KRW 135,000 per share of KRW 27,000,000, each of which was owned by the Plaintiff. Among them, the contract provisions on the payment of the price are as follows:

(hereinafter referred to as “instant share acquisition agreement” and under the following, “B” means the Plaintiff (hereinafter referred to as “A”). [Article 3] A shall pay the share price to Party A by May 25, 2018 pursuant to the provisions of Article 2.

However, this Agreement shall be null and void if the share price is not paid to A on the date of such transfer or acquisition of shares.

B. The Defendant was unable to pay all the share transfer price stipulated in the instant contract by May 25, 2018.

C. The share certificates with respect to the shares indicated in the attached shares were not issued.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 2, purport of whole pleadings]

2. Judgment on the part of the plaintiff's claim for nullification confirmation

A. According to the above facts, the contract of this case was invalidated pursuant to Article 3 of the contract of this case because the defendant did not pay the Plaintiff the share transfer price at all.

B. Meanwhile, the Defendant asserts that the above contract is still valid through the submission of the written reply in the instant case, and asserts whether the contract is invalid or not.

C. Therefore, the Plaintiff has the interest to verify the invalidity of the above contract in order to implement the transfer procedure for entry of ownership from the Defendant to the Plaintiff, the ownership of C/C shares 27,000 shares (the shares indicated in the attached Form) in the register of shareholders.

Therefore, the plaintiff's claim to nullify the invalidity of this case is justified.

3. The other party to the claim for change of title to the shares in the lawsuit of this case shall be the company that issued the shares. The change of title to the register of shareholders shall be taken over by the transferee without the transferor's cooperation.

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