logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.04.20 2017가합518828
투자금반환청구
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiff A and the defendant C are siblings, and the plaintiffs and the defendants are both married couple.

B. On July 19, 2006, Plaintiff A, Defendant C, E, F, and G established H Co., Ltd. (H Co., Ltd.; hereinafter “H Co., Ltd.”) for the purpose of sp services such as marina and restaurant business in accordance with the laws of the Philippines, and the instant company (H Co., Ltd.; hereinafter “the instant case”). Around October 2007, the said C Co., Ltd. leased the land owned by the Republic of the Philippines state in the said C Co., Ltd. and opened a hotel around January 2008.

At the time of incorporation, the number of shares of the Defendant Company was 10,000 shares. Defendant C and E owned each of 38.5/110 shares (38,50 shares), Plaintiff A, F, and G owned each of 11/110 shares (1,00 shares).

C. The entire shares of the above G [11/10 shares (1,00 shares)] were transferred to I in the second half of the year of 2006, and the shares of the above E [38.5/110 shares (38,50 shares)] were transferred to Plaintiff B in around 2008, and the mother of Defendant D and Defendant D transferred the plaintiffs' shares in around 2009, and Defendant D owned 38.5/110 shares (38,50 shares) and J owned 11/10 shares (11,00 shares) respectively.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 3 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. On April 29, 2005, K, the plaintiff Gap's assertion and the defendant Eul's reference to the land for the factory of 16,512.5 square meters in Nam-gu Incheon Metropolitan City, which was owned by the principal on April 29, 2005, completed the registration of the establishment of a neighboring mortgage, which is the debtor, K, and Il-gu Bank, the non-mortgaged Co., Ltd. on May 17, 2005, on the condition that the 26/100 shares out of the above land for the factory of 22/100 shares, each of the 15/100 shares to the plaintiff Eul and the defendant Eul, and the above collateral security obligations are transferred to the plaintiff Eul and the defendant Eul on the condition that each of the above shares is taken over by the above shares.

K is granted a loan of approximately KRW 4 billion to his spouse and children by means of reducing gift tax in the course of donation of the above factory site to his spouse and children.

arrow