조합청산금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts without a dispute over basic facts, and the statements in Gap evidence 1-6, the defendant's vegetable C, the defendant's vegetable of November 28, 2007, purchased each real estate listed in the separate sheet from non-party D with a total of KRW 160 million of his own money and KRW 40 million of the plaintiff's money and KRW 100 million of the defendant's money, and the defendant and C completed a share transfer registration with respect to each 1/2 share of the real estate listed in the separate sheet on December 27, 2007.
2. The Plaintiff’s investment ratio is 13% (=40 million ± 300 million ± 100 million x 100 x 100 x 30 million x 100%), Defendant’s investment ratio is 33% (=100 million ± 3000 x 100 x 100), and C’s investment ratio is 53% (=160 million ± 300 million x 100 ), and C’s investment ratio is 53%).
In addition, the defendant owns 1/2 shares of each real estate listed in the attached list.
Therefore, the defendant gains unjust gains equivalent to 15,200,000 won (=40 million won x 38% ± 100%) total of 33% of its investment shares and 5% of the investment shares in comparison with the investment shares in the plaintiff's 40 million won (=33% of the defendant's investment shares ± 53% of the defendant's investment shares ± 13% of the plaintiff's investment shares).
3. The plaintiff asserts to the effect that the defendant obtained profits from each of the real estate listed in the separate sheet without any legal ground.
However, the Plaintiff asserted in the complaint that “In the event that real estate as stated in the separate sheet is sold to C by investing KRW 40 million in accordance with C’s investment recommendation, the sales proceeds would be divided by 1/3 after deducting interest paid,” and the Defendant would also complete the registration of ownership transfer for 1/2 shares by purchasing each real estate as listed in the separate sheet when investing KRW 100 million from C.
“The” means the payment to C of KRW 100 million after hearing horses.