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(영문) 대전지방법원 2018.02.08 2016가단28702

절대적불확지공탁출급청구권확인

Text

1. On August 2, 2016, the Defendant deposited the amount of KRW 63,133,330 deposited by Daejeon District Court No. 4663 in 2016.

Reasons

Facts of recognition

Plaintiff

As the supplementary intervenor was established on January 26, 2006, D was a representative director, and the defendant supplementary intervenor was a director. The defendant supplementary intervenor was appointed as a joint representative director with D on September 19, 2006 but resigned on February 20, 2008.

Plaintiff

On April 2006, the supplementary intervenor was planted trees (including virtue facilities for planting trees) on the above land by leasing the land F and G (hereinafter referred to as “instant land”) from the Seosung-gu, Daejeon, the owner of the land around April 2006.

Plaintiff

On November 24, 2007, the Intervenor decided on November 24, 2007, that the Plaintiff will sell pine trees and pine trees at KRW 110 million, including pine trees 643 G and I’s land on the instant land, with the purchase price of KRW 140,00,000. The Intervenor drafted a written agreement between the Plaintiff and the Plaintiff on trade and profit security (hereinafter “instant agreement”), and the Plaintiff paid the purchase price pursuant to the said agreement.

The Dispute Resolution Co., Ltd. (Plaintiff-Supplementary Intervenor) shall execute the transfer of ownership No. 1-7 of the said real estate, which is the assets of the Dispute Resolution Co., Ltd., by sale to A (Plaintiff) on August 5, 2007, by the total director minutes of the Resolution Co., Ltd. or by the same year.

9. 15. 15. A complies with the matters decided to be sold to a third party by the resolution of the general meeting of the Dispute Settlement Bank B, and trades up to 1-7 No. 1 to a third party with the said item. - Section 2 of Article 2. : (1) A’s trade fund, a joint representative of the Dispute Settlement Bank B, in the Dispute Settlement Bank B, promises to guarantee a security and an earning rate of the said item No. 1-7, etc., held by the Dispute Settlement Bank B, in order to repay the investment amount of J, and A directly pays to A the said transaction amount of KRW 110,000,000,000,000,000 to B (C). In repayment of the investment amount of the Dispute Settlement Bank B, the Dispute Settlement Bank shall be obligated to guarantee that it will not compensate A for any loss incurred by repayment of an earning rate in accordance with the above sales amount of A.