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(영문) 대전지방법원 2018.11.14 2017가합104402
배당이의
Text

1. Of the distribution schedule prepared on July 6, 2017 by the same court with respect to the auction case of real estate C in Daejeon District Court.

Reasons

1. Basic facts

A. The status of the parties, etc. is a juristic person established for the purpose of real estate sale and sale agency business, etc., D is an internal director of the Plaintiff company, and E is a husband of D, who actually operates the Plaintiff company.

F and E are elementary schools, and the defendant is F's private village of birth.

B. The agreement between the Plaintiff and the Defendant between the Plaintiff and the Defendant shall prepare the following matters relating to the fund investment related to the G District Housing Association Project (hereinafter “instant project”).

Article 1 (Opening of Business) The outline of the Project shall be as follows:

1. Project name: (tentatively named) G District Housing Association. (2) Project name: The purpose of this Agreement is to make investments in relation to the Plaintiff’s project and to distribute profits accrued from the project in relation to the Plaintiff’s project, Article 2(1) of the title of project (the title may be changed in the course of authorization and permission): 16,07.57 (The title of project).

Article 3 (Duties and Roles) (1) The Plaintiff shall use the amount invested by the Defendant for expenses related to the business of the Plaintiff.

2. (Obligation of the Defendant) The Defendant is obligated to pay 150 million won as investment in connection with this Agreement.

6.5. To make an investment in the Plaintiff’s business until 5.

Article 4 (Distribution of Investment Funds and Profits) The Plaintiff shall pay a sum of KRW 300 million in total of the investment principal and profits invested by the Defendant by no later than January 2015 (Public Notice).

1) On June 5, 2015, E, on behalf of the Plaintiff, drafted an investment agreement with the Defendant on behalf of the Plaintiff as follows (hereinafter “the first agreement”).

(2) On the same day, the Defendant transferred KRW 150 million to the Plaintiff’s account under the Plaintiff’s name. 2) After the first agreement, the Defendant requested the Defendant to “After making an additional investment of KRW 400 million to the Plaintiff by the end of June 15, 2015, including the revenue, in addition to making an additional investment of KRW 50 million to the Plaintiff.” The Defendant accepted it and transferred KRW 50 million to the Plaintiff’s account under the Plaintiff’s name on June 15, 2015.

3. The plaintiff on June 2015.

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