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(영문) 울산지방법원 2016.09.07 2015가합2306
양수금반환 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Based on the facts, the plaintiff between the parties concerned is a corporation engaged in real estate sale agency business, and the defendant is a corporation engaged in real estate development consulting and financial consulting services.

On March 15, 2007, the Plaintiff and the Defendant entered into a contract under which the Defendant would transfer all rights and obligations with respect to the redevelopment project (hereinafter “instant redevelopment project”) promoted in Ulsan-gu D (hereinafter “instant redevelopment project”) to the Plaintiff at the cost of KRW 4.5 billion (hereinafter “instant transfer contract”). On the same day, the Plaintiff paid KRW 300 million to the Defendant as the down payment, and paid KRW 100 million to E.

The Plaintiff filed a lawsuit on June 206, 206 against the Plaintiff, etc., the Plaintiff Company F (F prior to the change: Company G; hereinafter “F”) filed a lawsuit for ownership transfer registration (Ulsan District Court 2006Gahap4881), which is the owner of the instant land, at the time of the instant transfer contract, including the instant lawsuit concerning the instant land.

Korea was in a state.

The evidence Nos. 8 and 11 of A., while at the time of the transfer contract of this case, the representative director J and the representative director K of the defendant shall transfer the land of this case to the defendant when the F and K of the defendant won the case in the above lawsuit concerning the land of this case, the F and the defendant shall transfer the land of this case to the defendant, and the related expenses were incurred to the defendant. The defendant's representative director K and L Co., Ltd. (hereinafter "L") representative director entered into an agreement with the defendant to change the name of the owner of the land of this case suspended on the land of this case to the defendant, and L

The evidence No. 3-1, No. 2, F lost in the first instance court on January 23, 2008, and the appeal was dismissed in the appellate court (the Busan High Court 2008Na3190) and the above judgment became final and conclusive.

The Court shall provide significant facts, Gap evidence 9 and 10. The related criminal judgment E shall be as follows:

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