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(영문) 수원지방법원 2017.02.10 2015가합69016

청구이의

Text

1. The Defendant’s Defendant’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s debt reimbursement contract No. 1122, 2013 (Quasi-Loan for Consumption).

Reasons

1. Basic facts

A. Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) is a company established for the purpose of warehouse business and transportation business on April 15, 2005, and Plaintiff B served as the representative director of Plaintiff Co., Ltd from January 2, 2006.

B. Around March 2008, Plaintiff B and the Defendant jointly purchased a 814 square meters of G prior to G, 365 square meters of H, 11,679 square meters prior to I, and 271 square meters prior to J, in the city of Ansan owned by F, and entered into a joint business agreement with the Plaintiff Company to engage in the rental business as the business entity.

C. Accordingly, on August 14, 2008, the Plaintiff B and the Defendant concluded a sales contract to purchase each of the above lands from F with the purchase price of KRW 2.4 billion. Of the above purchase price, Plaintiff B and the Defendant paid KRW 600 million to F with the Defendant’s burden.

F completed the registration of ownership transfer on August 21, 2008 with respect to the share of 20% in each of the instant lands on August 21, 2008 in the name of the Plaintiff B and the Defendant’s side (35% in the name of the Defendant, 35% in the name of the Defendant’s wife, 10% in the name of the Defendant’s L).

(P) Each of the above lands shall be 12,685 square meters of G warehouse site on January 6, 2014, following the division, merger procedures, land category change, etc. (hereinafter “instant land”). D, regardless of whether before or after division, etc., it is a “instant land”).

Then, on March 13, 2012, the Plaintiff B and the Defendant concluded a real estate security trust agreement with the Korea Trust Co., Ltd. with the Gwangju Bank on the priority beneficiary as to all of the instant land as the Gwangju Bank. On March 22, 2012, the Korea Trust Co., Ltd. completed the registration of ownership transfer based on trust in the future, and received a loan of KRW 8 billion from the Gwangju Bank in the name of the Plaintiff Company.

E. In addition, on June 1, 2012, the Plaintiff Company entered into a contract with MN Construction Co., Ltd. to set the construction cost of KRW 7.94.5 billion with respect to the new construction of the Logistics Center. After the completion of the logistics center, the Plaintiff Company on November 29, 2013.