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(영문) 수원지방법원안양지원 2016.04.21 2015가합100360
지분금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 2012, the Plaintiff and the Defendants purchased part of 9,124 square meters of D Forest land (hereinafter “instant real estate”) and three adjacent lots (hereinafter “instant site”) to be used as a road traveling along the instant real estate, at Sungsung-si, and sold the instant real estate upon obtaining permission for conversion of a mountainous district, or carried out development projects by building and selling a factory site on the instant real estate (hereinafter “instant project”). Since the Plaintiff’s credit is not good, the Plaintiff participated in the instant project under the name of his father and son scheduled to enter into marriage.

B. During the process of the instant project and changes in rights to the instant real estate 1) At the time of the instant agreement, 6/16 shares out of the instant real estate are F (hereinafter “F shares”).

) Shares 8/16 are G (hereinafter referred to as “G shares”)

(A) 2/16 shares (hereinafter referred to as “H shares”)

(2) On March 10, 2012, the Plaintiff entered into a sales contract with F to purchase the F shares in the name of H to KRW 258 million (the remainder payment was delayed, and the purchase price was increased to KRW 31.5 million). Defendant C entered into a sales contract with H to purchase the H shares in KRW 8.6 million between H and H around March 2012, to purchase the shares in KRW 37.5 million in G (the remainder payment was delayed, and the purchase price was increased to KRW 400 million).

3) The Plaintiff completed the registration of transfer of ownership in the name of E on May 7, 2012 with respect to F shares on the grounds of sale and purchase as of March 10, 2012. The Plaintiff borrowed KRW 200 million from I for the purpose of use in the instant business (However, the Plaintiff made and ordered E to prepare a loan certificate (Evidence 7) with the loan amount of KRW 26 million with the loan amount of KRW 26 million.

[] As security, 6/16 shares of the real estate in E’s name (hereinafter “the instant real estate”).

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