(영문) 광주지방법원목포지원 2014.12.18 2013가단5815

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(영문) 광주지방법원목포지원 2014.12.18 2013가단5815

명도 등

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1. The defendant attached to the plaintiff

1. To deliver each real estate listed in the list;

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

Reasons

1. Basic facts

A. On July 26, 199, the Defendant established a limited liability company C (hereinafter “C”) and operated the business of manufacturing and selling salted fish, the Defendant invested in kind the salted fish amount in excess of KRW 200 million and determined that D’s share by investing KRW 200 million in the attached Form 8:2.

1. Each real estate indicated in the list (hereinafter “each of the instant real estate”) and the attached sheet;

2. On June 15, 2000, each real estate listed in the list (hereinafter referred to as the "each real estate in this case") completed the registration of ownership transfer in the D future, and entered into a partnership agreement with the purport that it will obtain a loan as security and secure a company's operating funds, and completed the registration of ownership transfer with D on December 31, 2001.

B. After that, the Defendant entered into a partnership agreement with E, which was engaged in transport business with C, and registered the Plaintiff, who is the husband of E, as C’s representative director, on February 26, 2002, and as the husband of E, as a director.

C. E is the defendant's demand that D above.

The investment amount of KRW 181,00,000 due to the termination of the business described in the subsection was returned instead of the amount of KRW 100,000.

E and the Defendant agreed to complete the registration of transfer of ownership in the Plaintiff’s name with respect to each of the instant secured real estate in order to secure the above 180,000,000 won of investment loan, etc. paid by E on behalf of D (hereinafter “instant security transfer agreement”). According to the above agreement, on March 13, 2002, the Plaintiff completed the registration of transfer of ownership with respect to each of the instant secured real estate (hereinafter “each of the instant security transfer”).

After that, the defendant and E shall be KRW 319 million (the amount of KRW 181 million paid to D) when cancelling a partnership agreement on March 21, 2002 (the amount of KRW 40 million for the investment of the operating capital of the company of KRW 98 million; hereinafter referred to as the "the first settlement payment claim of this case").

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