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(영문) 대전지방법원 2016.01.14 2013가단47092
소유권이전등기절차이행
Text

1. As to the Plaintiff KRW 80,000,000 and KRW 20,000 among them, the Defendant shall pay to the Plaintiff KRW 18,00,000 from January 11, 2013, and KRW 18,00,00.

Reasons

1. Facts of recognition;

A. Nonparty D Co., Ltd. (hereinafter “D”) was established on February 28, 2012 as a corporation mainly engaged in a business to purchase land and sell it again after dividing it.

B. On July 2012, the Defendant loaned KRW 20 million to D on August 5, 2012 upon the request of Nonparty E, a director of D’s intra-company, to the effect that D did not properly provide employees’ benefits.

The Defendant received a loan certificate from Nonparty F, who was the representative director of the foregoing E and D, on August 7, 2012, from Nonparty F with respect to the above loan, and received on August 7, 2012, the registration of the establishment of a mortgage over KRW 26 million with respect to D’s share in G land in the Gunsan-si.

(Then, on October 30, 2012, the defendant cancelled the registration of the establishment of a neighboring mortgage.

After that, between E, F and D’s internal directors, the Defendant: (a) purchased and divided D’s 3,307 square meters (1,000 square meters (hereinafter “instant land before the instant subdivision”) from I; and (b) decided to make an investment of KRW 400 million in selling the divided land again; (c) the Defendant received the profit of KRW 150,000 (150,000,000) from D’s principal of the investment and KRW 150,000 (150,000) per square year; and (d) agreed to take office as the Defendant’s representative director.

On September 12, 2012, the Defendant, along with the above E and K, concluded a sales contract to purchase L, which is an agent of I, to purchase the land of this case from I to KRW 1.2 billion (1.2 billion per square year) in the name of K, and on the same day, the Defendant prepared in advance and remitted KRW 100 million between them to I under the name of K as down payment.

However, the Defendant and L prepared a sales contract stating the purchase price of KRW 998 million, and the Defendant separately delivered the cash custody certificate in the name of K to L with respect to KRW 22 billion, which is the difference.

E. On September 25, 2012, K has taken office as a representative director upon the Defendant’s request that it will be responsible if a problem occurred, but D.

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