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(영문) 서울중앙지방법원 2016.11.03 2016가합516658
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust Co., Ltd.”) with respect to land trust (1)

[Attachment-gu Daejeon Metropolitan City (Ministry of National Defense; hereinafter “instant land”) owned by the Republic of Korea from around 2010, the area is 8,009 square meters (hereinafter “instant land”).

(2) The business of constructing a new building on the instant land and operating a crowdfunding (hereinafter referred to as the “instant business”) with the Ministry of National Defense, which is the Office of Administration and Home Affairs.

2) Accordingly, in 2011, the Ministry of National Defense and the Korea Land Trust (hereinafter “instant trust agreement”) concluded a loan-type trust agreement (hereinafter “lease-type trust agreement”) with the purport that the ownership of the instant land was transferred to the Ministry of National Defense for a period of 20 years, and that the Korea Land Trust (hereinafter “instant building”) newly constructed a building on the instant land (hereinafter “instant building”) and acquire trust fees from gains accrued from lending (lease) the instant building, and transfer the remainder of profits to the Ministry of National Defense.

B. The Plaintiff and the Defendant’s participation 1) served in the land trust for the Plaintiff from December 1, 1997 to January 22, 2009. From January 22, 2009 to January 20, 2012, the Plaintiff and the Defendant introduced the instant business to E, who is aware of the fact that the Plaintiff is promoting the instant business in Korea’s land trust, and the Defendant and E decided to introduce the instant business again to the Defendant, who are its own business partners, and also participate in the instant business on December 27, 2010, and the Defendant was appointed as the representative director of the FF Stock Company.

3 FF Co., Ltd. is transferred to F Co., Ltd. after the completion of the instant building on December 14, 201, and F Co., Ltd.

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