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(영문) 서울중앙지방법원 2015.05.28 2013가합45513

소유권이전말소등기

Text

1. The plaintiff's lawsuit against the defendant B is dismissed.

2. The Plaintiff:

A. Defendant C shall be KRW 300,000,000; and

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is the owner of the land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the company with the right to permit the extraction of tin-gun F and G land. Defendant D entered into a contract with Defendant B on November 15, 2007 for the transfer of the above land and the right to permit the extraction of tin-gun, and Defendant C is the husband of Defendant D, the representative director of Defendant D.

B. When Defendant D was unable to pay the acquisition price under the above transfer or acquisition agreement, Defendant C was introduced by I while seeking a solution to enable Defendant D to participate in the above transfer or acquisition project.

C. Around December 2007, the Plaintiff and the Defendants agreed to acquire the shares of Defendant B, which Defendant B had a shareholderJ, in the name of the Plaintiff. At the time of the same month, the Plaintiff paid KRW 300 million to K, the representative director of Defendant B, at the time of the same month.

On March 24, 2008, Defendant C prepared a loan certificate with the purport that “Defendant C (the representative director of the L Co., Ltd.) borrowed KRW 160 million from the Plaintiff at the interest rate of one copy in the Taean-gun, Taean-gun, Seoan-gun, Seoan-gun, Seoan-gun, the Plaintiff borrowed KRW 160 million from the Plaintiff (hereinafter “the loan certificate of this case”). At the request of Defendant C, the Plaintiff transferred KRW 160 million to the account of M, J’s children.

E. On May 13, 2008, the Plaintiff drafted an agreement with Defendant C on May 13, 2008, with respect to the sum of KRW 300 million paid by the Plaintiff to K and KRW 160 million transferred by the Plaintiff to M’s account, as follows (hereinafter “Agreement with May 13, 2008”).

1. A (Plaintiff) and B (Defendant C) shall replace the status of the previous loan certificates with this Agreement.

2.A shall transfer to B all rights and documents it has to Party A.

Therefore, the rights of all Gap after the written agreement shall be exercised by them.

3. Eul shall pay Gap 460 million won to Gap within three months after the written agreement.

(1) Primary: 20 million won per month, and 2.6 billion won within two months.

F. Defendant C.