beta
(영문) 창원지방법원 2018.04.19 2017나56930

지분투자 이익금 반환

Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim shall be dismissed at the trial.

3...

Reasons

1. Facts of recognition;

A. 1) The Defendant, in collaboration with C on June 1, 2006, invested capital of KRW 600 million and conducted real estate lease and sale business with D (hereinafter “D”).

) A company was established, and each company held 60,000 shares of the company (after which the defendant transferred 60,000 shares to his wife E).

(2) On October 12, 2006, D entered into a contract with F to purchase KRW 698,000,000,000 for H parking lot 1,539 square meters (1541.2 square meters in North-gu, Northern-gu, Yanpo-si, the land allotted by the authorities in recompense for development outlay, located within the G land rearrangement zone (hereinafter “instant land”). On May 25, 201, D completed the registration of initial ownership in the instant land under D’s name.

B. The Plaintiff and the Defendant’s financial transaction account 1) around September 2003, the Defendant jointly with C on a total of 1,078 square meters J and K in the Northern-gu, Northern-si, Pohang-si (hereinafter “L-dong land”).

(2) On September 5, 2003, the Plaintiff, who had worked as a broker assistant at the real estate brokerage office operated by the Defendant at the time, delivered KRW 29.7 million to the Defendant on September 5, 2003 as the purchase fund for the said real estate. After selling Ldong land, the Defendant paid KRW 14.6 million out of the purchase price for the land to the Plaintiff on December 3, 2004.

D sold M land to N, etc. on October 2, 2006, and the Defendant paid KRW 17 million to the Plaintiff on November 16, 2006.

3) From April 24, 2012 to September 26, 2012, the Defendant paid KRW 30 million to the Plaintiff four times every time from September 26, 2012. [Grounds for recognition] The fact that there is no dispute, Gap’s evidence 1 through 4, 6, 7 through 10, and Eul’s evidence 1 (including each number of branch numbers; hereinafter the same shall apply).

-.