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(영문) 창원지방법원 2018.02.21 2017나55043
근저당권말소
Text

1. The judgment of the court of first instance is modified as follows.

The defendant's KRW 53,928,789 from the plaintiff and its related costs on September 2016.

Reasons

1. Basic facts

A. The party’s pertinent D agricultural partnership (hereinafter “foreign incorporated association”) is a juristic person established for the purpose of establishing and operating common use facilities related to the agriculture and livestock industry. The Plaintiff is a director and stockholder of the said juristic person. E is the Plaintiff and the person who invested in the said juristic person due to the establishment of the Plaintiff and high school, and the Defendant is E.

B. 1) E entered into the instant contract with a non-party corporation on March 29, 2013 under the name of the Defendant, one’s own wife, as follows (hereinafter “instant contract”).

2. The Defendant, on March 29, 2013, made an investment of KRW 200,00 in livestock joint-use facility of excreta constructed in Jinju-si, and paid KRW 200,000 to the Defendant. The Defendant, on June 30, 2013, transferred KRW 20% of the shares of the non-party corporation to the Defendant within 14 days after completion of construction of the facilities for joint-use of livestock excreta constructed in Jinju-si, and KRW 20,000,000 to the non-party corporation. The non-party corporation paid KRW 20,000,000 from March 29, 2013 to the non-party corporation with interest of KRW 20,000,000, KRW 200,000 to the non-party corporation owned by the Defendant, and KRW 20,000,000 to the non-party corporation and KRW 20,000,00.

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