부당이득금 반환
1. Defendant B Co., Ltd.: KRW 850,00,000 and 5% per annum from April 5, 2010 to August 31, 2012 to the Plaintiff.
Basic Facts
Defendant C introduced the Plaintiff during the field of land in which the tourism development project is implemented, and consulted with the Plaintiff on the implementation of the tourism development project (hereinafter “the instant project execution real estate”), with the land in Bocheon-si, the Plaintiff, which is the land owned by the Plaintiff, on the scale of 202,017 square meters of forest E and forest 1,285 square meters of forest land, G previous 5,818 square meters, and 3,252 square meters of land prior to H. (hereinafter “I paddy-si 1,71 square meters”), which is the land owned by the Plaintiff.
In order to carry out the above tourism development project, Defendant B Co., Ltd. (hereinafter “Defendant B”) was established on October 22, 2009. On the same day, Defendant C was the inside director and the representative director of Defendant B, and the Plaintiff was the inside director of Defendant B, respectively.
In addition, Defendant C had 30% of the shares of Defendant B, and the Plaintiff had 20% of the shares of Defendant B.
On October 28, 2009, the Plaintiff prepared an investment agreement with Defendant B to the effect that the Plaintiff invested the instant real estate in the implementation of the project, received a donation of 20% of the shares in Defendant B, and that the Plaintiff may report matters concerning the Defendant B’s business and request the said Defendant in writing.
After that, on November 3, 2009, the Plaintiff prepared the following agreements (hereinafter “instant agreement”) with Defendant B to the effect that the instant real estate project implementation was invested in the Defendant B’s development project of the Tourism Leisure Complex.
The purpose of Article 1 of the Agreement is to achieve the project through mutual investment cooperation for the convenience of investment as the owner of the real estate referred to in Article 2 and the implementation of the tourism leisure complex development project with the real estate as the mother, which is the project implementer of the tourism leisure complex development project.
Article 2. Indication of Developed Real Estate
1. E-202,014 square meters of forest land in Chungcheongnam-si, Chungcheongnam-do;
2. Forest land of 1,285 square meters in Eastern forest;
3. 5,818 square meters prior to the Dong office G.
4. Of the land above 3,252 square meters in the Dong Office H, E and F shall be invested on the part of Defendant B in the form of donation, and the Dong Office G and H number shall be treated as the registration of management trust.
However, the gift tax due to the transfer of ownership of the above real estate.