beta
(영문) 대전지방법원 2015.12.16 2015가합101881

정산금 청구의 소

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 12,549,000 to the Plaintiff (Counterclaim Defendant) and its related amount from August 18, 2015 to September 30, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The relevant Plaintiff between the parties is an agricultural partnership established pursuant to Article 15 of the former Framework Act on Agriculture and Rural Community (amended by Act No. 13356, Jun. 22, 2015) and Article 16 of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (hereinafter “Agricultural and Fisheries Business Entities Act”) for the purpose of improving agricultural production and increasing the income of its members through the rationalization of agricultural management.

The defendant is a person who was a member of the plaintiff.

On April 25, 2008 between the Plaintiff and the Defendant, including the conclusion of an investment contract between the Plaintiff and the Defendant, the agreement of investment in kind and the agricultural contract (hereinafter collectively referred to as the “instant investment contract”) with the Defendant’s intent to contribute to the Plaintiff the Daejeon-gu Land and D Land (hereinafter referred to as “each of the instant lands”) owned by the Defendant was concluded.

The details of the instant investment agreement are as follows.

1. Indication of real estate;

1. Sung-gu Daejeon Metropolitan City, Daejeon Metropolitan City, 788§³;

2. A farming association corporation (Plaintiff) with the area of 787 square meters A prior to the Daejeon Metropolitan City, Sung-gu, Daejeon Special Metropolitan City, A and B as B shall enter into the following contracts:

1. B approves B's particulars in the articles of incorporation and the certificate of investment regarding the solicitation of issuance of new shares by A, and is entitled to 25,830 shares of new shares (10,000 won per share) issued by A, converted the above real estate into a gold hundred and twenty thousand won per share.

2.B shall provide B with all documents required for registration procedures so that ownership may be transferred to B immediately after the completion of the proceedings of the reorganization of the Commercial Code.

The indication of farmland as the result of the investment-in-kind contract: The association members shall be to cultivate farmland on the land above Article 1 of each land of this case, which is equivalent to the Special Act on Agricultural and Fishing Villages.

Article 2 The above farmland as a member of a farming association corporation A shall be governed by the articles of association under the A Farming Association Act.

Article 3 The farming period shall be F. from April 25, 2008.