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(영문) 청주지방법원 2015.06.25 2014가합625
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. A. Around January 2009, the Plaintiff established E Co., Ltd. (hereinafter “E Company”) on June 22, 2009, together with the Defendant’s husband C, D, etc., and established E Co., Ltd. (hereinafter “E Company”).

B. After that, on January 6, 2012, the land category of the Plaintiff owned was changed to the land for factory.

83С and its ground buildings (hereinafter “instant real estate”) were to be invested in E companies with the following contents (hereinafter “instant First Agreement”). Accordingly, on February 2, 2012, the ownership of the instant real estate was transferred to E companies.

① The Plaintiff’s real estate in the E company shall be assessed as KRW 160,000,000 and invested.

(2) The E company shall release the attachment disposition of 40,000,000 won, which exists in the real estate of this case.

(3) The E company shall succeed to the lease relationship between the Plaintiff and G, the former lessee of the instant real estate.

Therefore, E company is obliged to return to G the deposit of KRW 20,000,000.

④ Ultimately, the amount of the Plaintiff’s investment in E company is KRW 100,000,000 after deducting the expenses for cancellation of delinquent taxes and the lease deposit against G.

⑤ The above KRW 100,000,000 shall be paid to the Plaintiff as the shares of the E Company.

6. The Plaintiff and G may continue to reside in the instant real estate.

C. Meanwhile, the Defendant invested KRW 43,000,000 in E Company on December 5, 201, and the Plaintiff released the seizure of the instant real estate with the said money.

In addition, the defendant invested 29,110,000 won in E Company.

① Transferring ownership of the instant real estate to the Defendant.

② As to the instant real estate, the right to collateral security, the amount of which is equivalent to 130% of 72,110,000 won, shall be established with respect to the instant real estate, and the Defendant first collects KRW 72,110,000.

③ The Defendant shall pay 120,000,000 won to the Plaintiff.

To ensure this, the right to collateral security of KRW 120,00,000 shall be established with respect to the real estate in this case as the mortgagee.

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