Case Name:First instance dispute over equity transfer between Wang Ligang and Xu Huibo

　　Undertakers:Yang Xintao and Ding Haoyu

　　Cause of action:Equity transfer dispute

　　Case summary:The plaintiff requested the defendant to pay a temporary equity transfer fee of 200000 yuan according to the"Equity Transfer Agreement"filed with the Industry and Commerce Bureau.The defendant claimed that the agreement was only for the purpose of changing the formal documents submitted for shareholder registration,and the price was not a true expression of the intentions of both parties.

　　Result:During the second instance,both parties reached a settlement,and the appellant withdrew their appeal request to close the case.

　　Business achievements:

　　1、Case handling ideas

　　The defendant in this case claimed that it was because the defendant first sued the plaintiff to repay a loan of 200000 yuan and received support from the court.The plaintiff used the Equity Transfer Agreement to demand payment of the equity transfer fee in order to avoid debt.Through the investigation of the company involved in this case,we found that the operating form of the company is poor,with a registered capital of 2 million yuan.However,the actual owner's equity of the company in 2014 was only 90000 yuan.As a previous shareholder of the company,the plaintiff transferred the equity without paying the subscribed registered capital.Therefore,the Equity Transfer Agreement involved in this case is not a true expression of the intentions of both parties.Its purpose is only to handle the registration of industrial and commercial changes,replace the legal representative of the company,and reverse the difficulties faced by the company.The so-called equity transfer price is only a simple copy of the registered capital,because the defendant had weak legal awareness and signed such a equity transfer agreement.

　　2、Proxy opinion

　　1.The Equity Transfer Agreement does not represent the true intentions of both parties and meets the statutory conditions for revocation.

　　2.The obvious purpose of Wang Ligang's lawsuit is to evade debt.

　　3.In this case,Rungang Company should be added as a third party to participate in the lawsuit to avoid litigation and waste of judicial resources.

　　3、The work carried out in case handling

　　1.Communicate with the parties involved to understand the situation of the case and form an initial defense plan;

　　2.Refer to relevant laws and judicial interpretations,and draft legal documents;

　　3.Communicate with the parties involved and inform them of legal risks;

　　4.Carry out case filing work.

　　4、Case summary and experience:

　　The equity transfer agreement disputed in this case has been filed with the Administration for Industry and Commerce,with clear and concise records.Both parties have not signed a supplementary contract,and the defendant Xu Huibo has been actively involved in the company's operations before.Now,the equity has been actually transferred and the change registration has been completed.Therefore,whether the revocation of the equity transfer contract is based on significant misunderstandings or obvious unfair reasons,there is a certain degree of uncontrollability in this case.The client expresses understanding and recognition.As the ancient Chinese saying goes,"First the petty,then the gentleman."Even friends should follow the rules and avoid unnecessary precautions just because they are afraid of trouble.Otherwise,once disputes arise,it will cause great inconvenience to one's own life and greater harm to the relationship between friends.

　　In addition,while applying the document template,the parties should sign a supplementary contract based on the true intention expressed by both parties privately,in order to prevent possible legal risks.The case focuses on legal facts rather than objective facts,and filing a lawsuit is actually evidence.Therefore,it is better to be prepared in advance.Sometimes,although there may be many reasons,insufficient evidence may also lead to losing the case.In this case,****,both parties have reached a settlement,which is also a good outcome.