손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On July 2012, the Plaintiff entered into a partnership agreement with the Defendant with the content that (a) the Plaintiff and the Defendant invested 50% of the 50% amount in the proportion of each of the 50% funds, and (b) purchase shares of 126/1,069 out of the Gyeonggi-gu land and D land, and (c) newly build a new building to operate a penta and distribute the operating profits at the rate of 50%, respectively (hereinafter “instant partnership agreement”).
B. On July 14, 2012, the Plaintiff and the Defendant purchased 126/1,069 shares of Gyeonggi-gun land and D land in KRW 210,00,00,00 from the Development of Aion Industry on July 14, 2012. On September 11, 2012, the Plaintiff and the Defendant completed the registration of ownership transfer for 126/1,069 shares of D land, respectively, and completed the registration of ownership transfer for 63/1,069 shares of D land on September 11, 2012.
The Plaintiff and the Defendant discounted KRW 10,040,000 among the above purchase price, and paid KRW 200,000,000 to the Aion Industry Development Co., Ltd. in full.
C. On December 5, 2012, Dongnam-gun Co., Ltd.: (a) received a supply of construction cost of KRW 130,000,000,000 for the construction cost; (b) performed the construction work from March 2013; and (c) completed the construction work around September 2013.
When the Plaintiff and the Defendant obtained opinions from the competent authorities to the effect that it is difficult to obtain approval for the use of the fences completed on the above land if the land of Gyeonggi-gun C is registered as co-ownership, the Plaintiff transferred the ownership of 1/2 of the land of Gyeonggi-gun C to the Defendant in order to facilitate the approval for the use of the fences.
E. Accordingly, on September 12, 2013, the Defendant: (a) prepared a performance memorandum stating that “after completing the construction of a building under the name of the Defendant on the land of Gyeonggi-si, Gyeonggi-do, the preservation registration is completed; and (b) immediately transferred the ownership of 1/2 shares of the building to the Plaintiff; and (c) issued it to the Plaintiff.”
F. In addition, on September 16, 2013, the Defendant on September 16, 2013, as to the Plaintiff’s 1/2 shares among the Plaintiff’s land in Gyeonggi-gun C.