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(영문) 서울고등법원 2016.10.06 2016나5490

매매대금

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall consist of a principal lawsuit and a counterclaim.

Reasons

1. Basic facts

A. C Co., Ltd. (1) through the conclusion of a partnership agreement between C and the Defendant) on June 8, 2009: (a) On June 8, 2009, C is a Co., Ltd. (hereinafter “Co., Ltd.”).

2) The instant forest land is located under the ownership of 209,870 square meters (hereinafter “instant forest”).

3) Of the foregoing, the right to collect stone in the name of well-known development and the right to occupy and use a small river (hereinafter “the right to collect stone in this case”) among 30,43 square meters.

(1)All offices and equipment owned by the development of the Republic of Korea and the Freeboard (hereinafter referred to as “instant facilities”).

(E) A corporation incorporated on April 21, 2004 for the purpose of E, tinsan Development Business, and soil, stone, and aggregate extraction and sale business (hereinafter “E”).

(2) Around June 2009, the Defendant transferred the instant forest land to E by subrogation, and transferred the ownership of the instant forest land to E after the Defendant subrogated for each secured obligation of each secured right of collateral security and provisional registration that was established on the instant forest land; and (3) entered into a partnership agreement with C and the Defendant to jointly operate E and distribute profits therefrom. (2) In accordance with the aforementioned agreement, the Defendant subrogated for the obligations totaling KRW 950 million with the secured obligation of each secured right of collateral and provisional registration established on the instant forest land, and completed the registration of ownership transfer in the name of the Defendant as to the instant forest.

C around September 2009, the title of the instant quarrying permit, etc. was changed to E, and the instant facilities were relocated to E.

3 around June 2009, C received 2,500 shares out of 5,00 shares issued by E, and 2,500 shares out of 50 shares issued by E, respectively.

In addition, the F and the defendant designated by C are the co-representative of E on June 24, 2009, and the F thereafter resigns from the office of co-representative on September 28, 2009, the defendant becomes the representative director of E alone from that time.

B. The Plaintiff acquired the Plaintiff’s shares, around April 2009, lent KRW 200 million to C, and C was unable to fully repay the loan to the Plaintiff.