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(영문) 의정부지방법원 고양지원 2018.06.08 2017가합71171
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant was a juristic person established to promote D general industrial complex development projects that create a general industrial complex in the land of Pakistan at the time of Pakistan (hereinafter “instant project”). The Plaintiff, who was in office as the Defendant’s managing director from May 2005 to September 2010, was in general in charge of fund management, execution, etc.

B. On January 11, 2007, the Defendant’s board of directors made a resolution to pay the Plaintiff the amount of KRW 200 million in cash to KRW 100 million on January 12, 2007; KRW 100 million after the designation of an industrial complex; ② after the completion of the project, a resolution was made to pay the “land shares 1,000 square meters”; and on July 5, 2007, the Defendant’s board of directors decided to pay the “1,000 square meters in land shares” after the completion of the project as piece rates with the Plaintiff on July 5, 2007.

C. Meanwhile, when the Plaintiff’s embezzlement was confirmed in the course of managing the Defendant’s funds for several years, the Defendant decided to hold an extraordinary general meeting on November 4, 2010 and revoke the previous resolution to pay 1,000 shares in land to the Plaintiff as piece rates with respect to the Plaintiff.

On April 7, 2008, from around May 18, 2010 to about 18, 2010, the Plaintiff was indicted as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and was sentenced to imprisonment for three years in the first instance on June 29, 2012 (Seoul High Court High Court High Court High Court High Court High Court High Court Decision 201No2200). The Plaintiff appealed against this and appealed from the appellate court on December 13, 2012 (Seoul High Court High Court Decision 201No16088). On February 28, 2013, the judgment became final and conclusive by dismissing the appeal from the Supreme Court (Supreme Court Decision 2012Do16088).

E. On May 19, 2014, the Defendant obtained authorization of the completion of the instant project from the Gyeonggi-do Governor pursuant to Article 37 of the Industrial Sites and Development Act, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 13, Eul evidence 1 to 3 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion; and

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