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(영문) 춘천지방법원원주지원 2015.01.20 2014가단3695

보관금반환

Text

1. The Plaintiff; Defendant B’s KRW 11,491,035; and Defendant C and D’s KRW 7,660,689, respectively, and each of the said money from May 15, 2014.

Reasons

1. Basic facts

A. E, F, G, H, and I agreed to jointly invest in around 2004 to establish the Plaintiff’s legal entity, and E, while managing the said investment, was in exclusive charge of the receipt and disbursement of the said five joint businesses or the Plaintiff’s funds.

B. On July 26, 2004, E purchased from J on July 26, 2004 the said investment, etc. one thousand and seven hundred and sixty thousand and five hundred and sixty-five square meters in size prior to K in Gangwon-gun, L prior to L, five thousand and sixty-five and five hundred and five square meters in size, and completed the registration of ownership transfer in its own name.

C. However, the above B.

The provisional disposition registration was completed to preserve the claim for ownership transfer registration based on the purchase and sale of the O's name.O filed a lawsuit against J as the principal lawsuit of the above provisional disposition against J as Seoul Central District Court 2004Kadan292815, and the compulsory adjustment of the following was finalized on October 27, 2005.

J shall pay to theO KRW 30 million not later than November 15, 2005, but if the J delays the payment of the above amount, it shall pay the delayed amount in addition to 20% interest per annum from November 16, 2005 to the date of full payment.

O At the same time with the full payment of the amount described in paragraph 1 from J, the application for a provisional injunction against the disposal of real estate in Chuncheon District Court 2004Kadan3126 shall be withdrawn and the execution of the provisional injunction shall be rescinded.

On November 9, 2005, the provisional disposition registration in the name of O established in the above land was cancelled in accordance with the compulsory adjustment.

When the registration of provisional disposition was cancelled and the plaintiff corporation was established on February 17, 2006, E on March 6, 2006.

The registration of ownership transfer for the above land was completed to the Plaintiff according to the partnership business agreement described in the paragraph.

E. Meanwhile, around November 9, 2005, H and I withdrawn from the above partnership relationship, and remaining E, F, and G meetings were held on November 9, 2005, the date of cancellation of the above provisional disposition execution, as well as on the above land purchase registration, and the minutes are as follows.