beta
(영문) 서울고등법원 2018.06.15 2018나2017141

이익배당금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On June 18, 2009, the Plaintiff was established for the purpose of real estate development business, etc., and the registration of dissolution was completed on June 12, 2013.

From July 18, 2005 to November 10, 2014, the Defendant served as the representative director of C Co., Ltd (hereinafter “Nonindicted Company”) established for the purpose of construction, civil engineering, etc.

B. 1) On December 6, 2006, the non-party company purchased a lot of land of 9,421 square meters for forest land in Gyeyang-gun on the same ground and newly built an apartment on that ground (hereinafter “instant project”).

(2) Around May 2009, E, who is the Defendant’s father and wife, recommended G to invest in the instant business in May 1, 2009. On July 15, 2009, the Plaintiff and the Defendant invested KRW 800,000,000 for the instant business, and the Plaintiff entered into an agreement with the Defendant to pay to the Plaintiff part of the profits accrued from the instant business (hereinafter “instant investment agreement”).

3) On July 15, 2009, the Plaintiff deposited KRW 800,000,000 in the account under the name of the Defendant, and the Defendant deposited the said money again into the account of the non-party company on December 7, 201, and on December 7, 2011, deposited the said money into the account of the non-party company’s account, and thereafter, on the land necessary for the instant business, Gyeonggi-do H Forest land 2,585 square meters (hereinafter “instant

(c) On April 30, 2012, the Yangyang-gun announced the designation of an urban development zone and the formulation of an development plan to create a collective housing in the D members of the Yangyang-gun of Gyeonggi-do as a public announcement of Yangyang-gun on April 30, 2012, on September 11, 2012, the Defendant was designated as an urban development project implementer, and on November 22, 2012, Kan Urban Development Project (the implementation plan for the creation of collective housing) as a public announcement of Yangyang-gun announced by Ji-gun on November 22, 2012.

After that, on May 21, 2014, the head of Gyeyang-si approved the urban development project plan for the Defendant, and on August 21, 2014, the instant case.