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(영문) 광주지방법원목포지원 2016.08.18 2015가합12869
재단법인설립절차이행
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On August 20, 2008, the Plaintiff asserted that he/she purchased two parcels, such as D, in the process of performing the franchisium on the ground, and received investments from the Defendant in KRW 1,400,000,000 from the Defendant due to lack of construction cost, and thereafter completed construction by borrowing KRW 980,000,000 from the Defendant around 2009, and opened a charnel on April 8, 2010.

(hereinafter “The instant charnel.” On November 18, 2009, the Plaintiff provided the Defendant with 35/100 of the Plaintiff’s shares in the two houses of the instant charnel building as a security for transfer in order to secure the Defendant’s aforementioned investment funds, and transferred the ownership of shares.

On March 9, 2010, the Plaintiff paid 960,000,000 won in lieu of the above investment funds to the 1,200 remains of the inurnment Evaluation Foundation.

On November 23, 2010, the Plaintiff transferred the ownership of each of the shares in the two parcels of land, each of which is 15/100 and 50/100 of the two parcels of land, to the Defendant, in order to secure the loan amounting to KRW 980,00,000 and the balance of the investment amounting to KRW 440,000.

After that, on January 27, 201, the Plaintiff and the Defendant prepared a certificate to substitute the above loan amount of KRW 980,000,000 and the balance of KRW 440,00,000 with the investments in the remains in the remains in the remains in the remains in the remains in the remains in the remains in the case of ① the Plaintiff and the Defendant agreed to hold 50% shares of each of the 5,000 shares in the remains in the remains in the instant charnel and the 8,000 shares in the remains in the remains in the form of the remains in the form of the remains in the form of the remains in the form of the deposits in which the report on establishment has not been accepted. ② The Plaintiff and the Defendant agreed to sell each of their shares in the form of the 5,00 shares in the form of the remains in the form of the incorporated foundation, ③ The members shall be five in total, and the remaining one shall be selected as the advisory lawyer or the public official, ④ The president shall return to the 2-year form of the Plaintiff and the executive directors.

Therefore, the defendant was allocated to the plaintiff as the share of the plaintiff in accordance with the above agreement.

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