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(영문) 광주고등법원 2018.04.06 2017나13204
투자금 등
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

A claim of principal lawsuit and a counterclaim shall also be deemed to have been filed.

1. Facts of recognition;

A. On January 4, 2008, the Plaintiff established Defendant B farming association (hereinafter “Defendant B farming association”) for the purpose of growing seedlings, and around July 2008, the Plaintiff acquired four parcels of land, other than F in its own name, in its own name, and completed construction works around February 2010, by establishing facilities for cultivating seedlings for his/her ancillarys (hereinafter “instant farming facilities”). On February 4, 2010, the Plaintiff transferred the ownership of each of the said land and the instant farming facilities to the Defendant corporation on or around April 2010.

B. Around January 2009, the Plaintiff agreed to jointly operate C and the Defendant Corporation, and transferred 50% of the shares of the Defendant Corporation to C, and C paid KRW 150 million to the Plaintiff for the share of the purchase fund of each of the above land. The Plaintiff decided to share the remainder of the facility cost of the instant cultivation facility with its own share of the Plaintiff.

C. The cultivation of the seeds and seedlings of the Defendant corporation by planting and spreading the seedlings in September of each year, and selling them in September and planting them again. The Plaintiff began to cultivate the seedlings of the instant case since 2009 during the period of establishing the cultivation facilities.

The Plaintiff agreed that “A division shall operate the cultivation facilities of this case independently for three years, and C shall pay 6 million won per year for 10% of its equity interest, regardless of the existence of the income of the Defendant corporation,” at the time of commencing the cultivation of seeds and seedlings as above.

E. On April 9, 2017, after the filing of the instant lawsuit, C took over the instant legal proceedings as co-inheritors by Defendant D and Defendant E, as co-inheritors, who were the wife of the deceased (hereinafter “the deceased”).

[Ground of recognition] Facts without dispute, Gap evidence 5, Gap evidence 14-1, Eul evidence 3-5 (including branch numbers, hereinafter the same), respectively.

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