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(영문) 청주지방법원 2014.06.11 2012가합6704
동업정산금반환 등
Text

1. The Defendant’s KRW 31,213,94 as well as 5% per annum from April 3, 2014 to June 11, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased the land listed in paragraph (1) of the attached Table 1 (hereinafter “instant land”) with the Defendant and newly constructed a building on the said land, leased the newly constructed building to make a common profit from the lease deposit, rent, etc., and concluded a business agreement with the Defendant to dispose of the said new building at an appropriate time and distribute the proceeds from the sale in proportion to the amount invested (hereinafter “instant business agreement”).

B. The Plaintiff and the Defendant, pursuant to the instant trade agreement on March 11, 2008, made a transaction value of KRW 193,000 on the registry of KRW 223,00,000,000 from C pursuant to the purchaser, the Defendant, and the Defendant, but there is no dispute between the parties as to the fact that the actual purchase price is KRW 223,00,000.

As a result, a contract was concluded to purchase the instant land. On April 25, 2008, Cheongju District Court (Cheongju District Court No. 20845, April 25, 2008) completed the registration of ownership transfer under the name of the Defendant

C. On the ground of the instant land, the Plaintiff implemented a new construction of the building listed in attached Table 2 (hereinafter “instant building”), and obtained approval for use on December 1, 2008, and completed the registration of ownership preservation in the Defendant’s name as the Cheongju District Court No. 126683, Dec. 4, 2008.

[Reasons for Recognition] Facts without dispute, Gap evidence 6-1, 2-2, Eul evidence 2-1, 2-2, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The summary of the Plaintiff’s assertion (1) while carrying out the business pursuant to the instant business agreement, the Plaintiff was the Defendant under the title of the instant land and the instant building (hereinafter collectively referred to as “instant real estate”) for convenience. This is the title trust of the Plaintiff’s shares of 298,50,500,568,030,000 shares acquired by the Plaintiff according to the ratio of investment amount under the instant business agreement. As such, the Plaintiff held title trust of the instant real estate due to the cancellation of title trust.

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