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(영문) 창원지방법원진주지원 2017.07.07 2016가단36597
근저당권말소
Text

1. The Defendant: (a) on March 29, 2013, as to the portion of 1/2 out of the portion of 4,836 square meters in Jinju-si, Jinju-si, Seoul District Court; (b) on the part of the Plaintiff.

Reasons

1. Basic facts

A. The party’s pertinent D agricultural partnership (hereinafter “foreign incorporated association”) is a juristic person established for the purpose of establishing and operating common use facilities related to the agriculture and livestock industry. The Plaintiff is a director and stockholder of the said juristic person. E is the Plaintiff and the person who invested in the said juristic person due to the establishment of the Plaintiff and high school, and the Defendant is E.

B. 1) On March 29, 2013, E entered into an investment contract (hereinafter “instant investment contract”) with a non-party corporation on March 29, 2013 under the name of the Defendant, one’s own wife, as follows.

2. The Defendant, on March 29, 2013, made an investment of KRW 200,00 in livestock joint-use facility of excreta constructed in Jinju-si, and paid KRW 200,000 to the Defendant. The Defendant, on June 30, 2013, transferred KRW 20% of the shares of the non-party corporation to the Defendant within 14 days after completion of construction of the facilities for joint-use of livestock excreta constructed in Jinju-si, and KRW 20,000,000 to the non-party corporation. The non-party corporation paid KRW 20,000,000 to the non-party corporation with interest of KRW 20,000,000 each month from March 29, 2013. The non-party corporation is not a 200,000,000 of the shares of the Plaintiff corporation and KRW 20,000,000,000 owned by the Defendant to the non-party corporation.

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