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(영문) 대전지방법원 2014.09.17 2013가합7084

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

C (former representative director of the Defendant Company) entered into a contract with F on December 30, 2010, to purchase the instant land in the name of KRW 1.522 billion and KRW 1.2 million among buyers, etc., in order to promote the business of newly building and selling urban-type residential housing (hereinafter “instant land”).

H accepted C’s proposal around the end of 2010, which was prior to the conclusion of the above sales contract, and decided to invest in the instant project the Daejeon PJ (K Housing Site Development Project District) which it held in the name of wife I, but the right to purchase housing sites for migrants 19-4 (hereinafter “the right to purchase housing site”). Accordingly, at the time of the above sales contract, the original contract for the right to purchase housing of this case was provided as security to E who paid F the down payment instead of the down payment.

Then, on January 201, 201, C entered Ldo in the instant project, and invested KRW 90 million in total from L on January 21, 201, and KRW 40 million on January 28, 201, and paid it to E as the purchase price, etc. for the instant land, and provided it again to L after returning the original contract for the said sale in lots.

2. Equity ratio (%) L 55 C 15 M 15 M 15 H 15 aggregate 100

3. Sharing of business affairs;

(a) L: The remaining financing and the completion of responsibility;

C: 1.3 billion won for a secured loan when a borrower enters the area and pays land balance. (c)

M: The fund of KRW 200 million shall be raised before the remainder of the land in this case is paid, and the repayment of KRW 200 million shall be refunded to M as an urban-type residential house equivalent to KRW 200 million.

H: Recognizing the value of the instant ownership as KRW 200 million, and it reverts to the implementing corporation (Defendant Company).

However, until the new corporation is incorporated, the sales right of this case belongs to L.

(e) 5% of the equity shares in the event that C or M falls short of the above operations shall accrue to L.

(f) 15 per cent of the equity interest in H when it falls short of the above operations shall accrue to L.

(g)...