소유권이전등기
1. The plaintiff's lawsuit against the defendant's living real estate trust company shall be dismissed.
2. The Plaintiff’s Defendant B, and Defendant B.
1. Basic facts
A. On April 8, 2011, the Plaintiff purchased a 5753m2 from the Ulsan Metropolitan City Urban Corporation (hereinafter “instant land”) in the amount of KRW 6.77 billion from Ulsan-gun C parking lot 5753m2 (hereinafter “instant land”).
B. On June 28, 2016, D Co., Ltd. (hereinafter “D”) purchased the instant land from the Plaintiff in order to undertake a development project for constructing a commercial building on the instant land (hereinafter “instant project”). The Plaintiff also sought to participate in the said project.
Accordingly, D and the Plaintiff revoked the above sales contract, and agreed to establish Defendant B Co., Ltd., a new corporation for the instant business (hereinafter “Defendant B”) to divide their shares.
C. On January 18, 2017, the Plaintiff and D et al. established Defendant B for the purpose of real estate development business, etc., and the shares issued by the said company were owned by E, the representative of D, by 50.1%, by 30%, by the Plaintiff, and by 19.9%, by other investors.
D and the Plaintiff drafted a written confirmation as follows in the course of establishing Defendant B on January 12, 2017:
The language and text of the written confirmation (hereinafter referred to as the “written confirmation”) and “A” establish a special purpose corporation at the ratio of 7:3 percent to the extent that it does not damage its meaning, and set up a written business agreement and to jointly develop the instant land. The agreement between A and B on or before January 11, 2017 should be null and void.
1. The purchase price of the instant land shall be KRW 6.77 billion, and KRW 1.5661 billion shall be paid to Party B until the date on which Party B first arrived out of the completion date of civil engineering works, and the materials regarding KRW 1.561 million shall be liable to Party A.
(hereinafter omitted)
2. The ownership of the instant land is transferred to Defendant B (the ratio of shares between Party A and Party B 7:3).
3.Provided, That the agreements such as the above are in dispute or otherwise.