투자지분인수 미지급금 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 19, 2007, the Plaintiff completed the registration of ownership transfer on September 7, 2007 with respect to the real estate listed in Paragraph (1) of the Attached List No. 1 (hereinafter “the fourth floor of this case”), and as to the real estate listed in Paragraph (2) of the Attached List No. 2 (hereinafter “the fifth floor of this case”) on the same day, C completed the registration of ownership transfer on September 7, 2007, respectively.
B. D and C, the husband of the Plaintiff, jointly operated the “E” in the instant building from around that time to around 2012, and D appears to have delegated D with the authority to conclude a sales contract on the fifth floor of the instant building by withdrawing from the E business relationship when other investors are recruited.
On December 28, 2012, after changing the use of the instant building to a lodging establishment of the instant building, the Defendant, F, and G drafted a “Agreement on H hotel Establishment Investment with the content of jointly investing all expenses necessary for the accommodation business according to the prescribed shares of equity.”
C. On March 25, 2013, the Defendant agreed with D who represented the Plaintiff to “the ownership of the first/2 portion of the instant fourth floor shall be transferred, and the right to the H hotel shall be exercised according to the said ownership shares.”
(D) Accordingly, on October 23, 2013, the Defendant completed the ownership transfer registration for the portion of 1/2 shares out of the instant fourth floor on the grounds of sale and purchase on August 30, 2013. E. The Defendant paid to the Plaintiff KRW 320 million up to October 30, 2013 with the purchase price for the portion of the instant fourth floor up to KRW 1/2,000,000,000,000 as additional on May 9, 2014, and paid KRW 340 million in total. The Defendant decided to invest 1/2 shares of the instant fourth floor in kind in the H hotel operating business, together with Plaintiff F, G, and H from December 1, 2013 to the end of the next hotel operating business.