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(영문) 서울중앙지방법원 2017.01.26 2015가합581310

소유권이전등기

Text

1. The plaintiff's lawsuit against the defendant KF real estate trust company shall be dismissed.

2. The plaintiff's defendant corporation.

Reasons

1. Basic facts

A. Defendant B, a company for the construction business, etc., is an executor who carries out a development project for three lots of land such as Busan Dongdong-gu D (hereinafter referred to as “F”; and the related project is a person who was appointed as Defendant B’s director on May 27, 2014.

B. On March 14, 2013, the Plaintiff entered into an agreement with Defendant B (hereinafter “Agreement”). The main contents thereof are ① the Plaintiff loaned KRW 150 million to Defendant B as of March 14, 2013; Defendant B repaid the above loan on September 14, 2014; ② Defendant B employs a person designated by the Plaintiff from April 2013, and pays KRW 2 million per month (one year and six months), ③ the Plaintiff provides legal advice to the Defendant B from April 1, 2013 to the completion date of business; ③ the Plaintiff paid KRW 500,000 per month with legal advice fees; ④ the Defendant paid the principal amount of the loan and KRW 150,000,000,000 to Defendant B as a joint and several surety (a joint and several surety).

On the same day, the Plaintiff paid KRW 150 million to Defendant B in accordance with the above agreement.

C. On August 2, 2013, the Plaintiff entered into a new agreement with Defendant B (hereinafter “instant real estate”). The main contents thereof are ① investing KRW 450 million in the Defendant as of August 2, 2013; the Defendant returned the said investment amount on the date the remainder payment date of the F-sale Price or December 31, 2014, which comes first; ② the Defendant shall pay an amount of KRW 450,000,000,000 as performance money, separate from the principal of the investment; ② the Defendant shall, under mutual agreement, pay the amount of KRW 308 (782,80,000; hereinafter the same shall apply as the attached real estate; hereinafter “instant real estate”); 309 (90,080,000,000) for three stories (3.8 billion,000,000 won); and the amount may be adjusted to KRW 308,309,309,000,00.