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(영문) 인천지방법원 2016.12.22 2016가합51169

편취금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 4, 2009, the Plaintiff, the Defendant, and C agreed to conduct a reconstruction project (hereinafter “instant reconstruction project”) with the Defendant, and C on May 4, 2009, the content that the Plaintiff would promote the reconstruction project (hereinafter “instant first partnership agreement”).

B. The Plaintiff, the Defendant, and C (hereinafter “F”) decided to acquire F in kind to promote the instant reconstruction project. On March 7, 2011, the Defendant and C assumed office as company director and joint representative director, and the Plaintiff and C as company director, respectively. (2) On March 21, 201, the Plaintiff transferred the shares of the instant co-ownership to F in kind among the shares of 1,917 square meters in Nam-gu Incheon Metropolitan City D D, 239.945/1,917 and 13.245/1,917.7 square meters in order to take over F’s shares to F (hereinafter “each co-ownership”) and accordingly, transferred the shares of the instant co-ownership to F on April 21, 2011.

(However, the form is a sales contract. Each of the above registrations of transfer of ownership is a "registration of transfer of ownership of this case".

G 1) On August 3, 2012, G, the Plaintiff’s ASEAN, concluded a partnership agreement with the Defendant and C to promote the instant reconstruction project (hereinafter “instant secondary partnership agreement”).

(2) On September 6, 2013, the Plaintiff, Defendant, and C decided to cancel the agreement on the first resort business of the instant case.

1) The Plaintiff filed a lawsuit against F to cancel the Plaintiff’s ownership transfer registration (hereinafter “related civil lawsuit”) under the Incheon District Court 2014Gahap9065, the Plaintiff filed a lawsuit against F to cancel the Plaintiff’s ownership transfer registration (hereinafter “related civil lawsuit”), and the said court rendered a judgment dismissing the Plaintiff’s claim on May 12, 2015.

The above judgment on June 24, 2016.