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(영문) 대전지방법원 천안지원 2018.11.29 2017가단4863
부당이득금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 19, 2016, C Co., Ltd. completed the registration of creation of a collateral of 2.5 billion won for each land listed in the separate list owned by D, which was the foundation, on January 15, 2016. On April 5, 2016, the Plaintiff completed the additional registration of the right to collateral of 1.5 billion won for the said right to collateral of 2.5 billion won for the ground of a contract establishing a collateral of 2.5 billion won for establishing a collateral of 2.5 billion won for the said right to collateral of 2016.

B. On September 12, 2016, the Plaintiff drafted an investment agreement (Evidence A; hereinafter “instant investment agreement”) with the Defendant. The main contents of the instant investment agreement are as follows.

The plaintiff and defendant of the investment agreement shall agree as follows:

- - Foods

1. The plaintiff has invested 300,000,000,000 Won Won, in the auction progress and at the cost of site operation, and has transferred to the defendant the right of pledge (No. 29969 on April 5, 2016), the amount of KRW 150,000,00,00, which is established in the future of the plaintiff, on real estate of 16 parcels, Nam-gu, Dong-gu, Dong-gu, Incheon, and Dong-gu, and Dong-gu, Dong-gu, Dong-gu

2. The plaintiff and the defendant agree that the payment date of the above investment and the above investment shall be the date of the successful bid for the real estate auction set forth in the above 16 pieces of the right of pledge in Nam-gu, Dong-gu, Seoul, and the principal and profits of the investment shall be the sum lives million won ( 750,000,000).

6. The use of the investment fund of KRW 00 million as the field maintenance expenses and operating expenses, and the remainder KRW 00,000,000,000,000,000,000,000,000 won, deposited in the name of

Provided, That the balance may be kept in a financial institution in which the defendant is operating.

C. On September 12, 2016, the Plaintiff transferred the Plaintiff’s claim for construction price of KRW 1.5 billion against C Co., Ltd. and the instant pledge to the Defendant pursuant to the instant investment agreement, and each of the attached list on September 13, 2016.

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