logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.08.08 2015가단35043
교환토지대물변제금
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. Facts of recognition;

A. On December 23, 2008, Nonparty D’s agricultural partnership (hereinafter “Nonindicted Corporation”) owned 10,000 units of equity as a corporation established on December 23, 2008. The Plaintiff held 10,00 units of equity, Nonparty E’s 10,00 units of equity, and Defendants’ 10,000 units of equity.

B. Defendant B served as the representative director of the non-party corporation from November 16, 2010 to August 26, 2013, and the Plaintiff and the non-party E serve as the joint representative director of the non-party corporation from August 26, 2013 to August 26, 2013.

The defendants are currently in charge of directors of the non-party corporation.

C. The non-party corporation promoted the new construction and sale of multi-family housing in the Friri in Kim Jong-si (hereinafter “Fri”) and Kim Jong-si (hereinafter “Gri”), but the project was not carried out smoothly due to the dispute between the relevant limited liability company in charge of the new construction of multi-family housing and the relevant construction.

On February 11, 2014, the non-party corporation entered into a contract with Defendant C, the non-party H, and the non-party corporation, to exchange the 360 square meters out of the shares of Defendant B in relation to the land owned by the non-party corporation, with the 473 square meters, J 174 square meters, K 34 square meters, L prior to L, 4,473 square meters, and the 1,549 square meters, N 250 square meters, and 8 square meters prior toO. The non-party corporation entered into a contract with the Plaintiff and the non-party E to compensate the 360 square meters out of the shares of Defendant B in relation to the land owned by the non-party corporation, such as P.

(hereinafter referred to as the “instant exchange agreement,” and among them, the compensation agreement of 360 square meters is “the instant compensation agreement”). E.

Around May 14, 2014, Defendant B prepared a performance memorandum specifying the instant compensation agreement (hereinafter “instant compensation agreement”) with the Plaintiff and Nonparty E, stating that “The shortage shall be appropriated first from among the shares of Defendant B in the location of detached housing, such as P, owned by the Nonindicted Corporation, and shall be appropriated from the shares of Defendant B in Q land owned by the Nonparty Corporation.”

F. Defendant B around June 5, 2014, around 360 square meters as set forth in the instant compensatory agreement with the Plaintiff and Nonparty E.

arrow