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(영문) 대구지방법원 2017.09.21 2016가합202859
회사에 관한 소송
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

On August 2010, the Plaintiff and C purchased 23 households of the G buildings on Daegu-gun D, E, and F ground from Hosung L&C Co., Ltd. (hereinafter “N&C”), and divide the profits accrued from selling them in unregistered circumstances into six to four: (a) C bears all expenses, including funds for purchasing the said real estate; and (b) enter into a contract, sales, and management agreement, etc., and agreed to perform the Plaintiff.

Pursuant to the above agreement, the Plaintiff purchased at KRW 1.7 billion for the Plaintiff’s 23 households of G building from P&D C during the attendance of C on September 17, 2010, and from P&D C, KRW 1.69.5 million among them, the Plaintiff substituted the Plaintiff’s acceptance of KRW 1.42.5 million for the obligation to return the lease deposit and the collateral security deposit, and entered into a sales contract to pay KRW 5 million on the date of the contract, and KRW 2.7 million for the remainder on October 20, 2010, respectively. C paid the down payment and remainder in accordance with the above sales contract to P&C respectively.

The Plaintiff and C established the Defendant for the purpose of the registration of ownership transfer under the 8 household units of G building (No. 101, 201, 201, 202, 502, 203, 205, 503, 207, 103, 207, and 107) that had not been sold until June 14, 201, at the request of Nsung C&C, which had sold the 23 household units of G building purchased as above in the name of ownership on the register while keeping it in the ownership on the register, and had sold such gains as soon as possible, and had not been sold until June 14, 201.

When issuing 10,00 shares at the time, 4,900 shares out of the shares issued above were listed in the register of shareholders as being held by C in the remaining 5,100 shares.

Matters subject to limitations on the rights to real estate, ownership No. 101 Dong 502 - January 20, 2016, provisional registration of the right to claim ownership transfer registration by means of sale reservation, provisional registration owner C- the right to claim provisional registration, September 22, 2016.

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