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(영문) 의정부지방법원 2013.12.18 2012가합10840
정산금
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. Basic facts

A. On June 28, 201, the Plaintiff and the representative director of D (hereinafter “D”) and his husband owned shares of the said company, together with the Defendants on June 28, 201, as the owner of the said company’s shares. The Plaintiff transferred to the Defendants all D corporations, including the Plaintiff’s Cheongju-gu F land and the 5th floor building (hereinafter “Cheongju-gu land and building in this case”) owned by Cheongju-si, and the Defendants transferred the entire D corporation to the Defendants by means of stock transfer, and the Defendants take over the secured loan obligations and the lease deposit obligations on the Cheongju-gu land and building in this case. The Defendants were to have the Plaintiff paid KRW 2,295 square meters in Yangju-si, the 412 square meters in Han-si (hereinafter “three parcels of land in this case”) and the 364 square meters in Jan-si, the difference between the land in this case and the building and each of the above lands owned by the Defendants, and received the Defendants’ obligation to acquire each of the above land (hereinafter “the Defendants”).

B. After that, on June 30, 201, the Plaintiff and the Defendants agreed to additionally pay to the Plaintiff KRW 130 million out of the settlement amount, instead of excluding the land owned by the Defendants subject to exchange, among each of the above land owned by the Defendants, KRW 364 square meters. The Defendants paid KRW 30 million out of the settlement amount to the Plaintiff on July 4, 2011, and the remainder KRW 100 million was paid until September 30, 201, and registered the establishment of a mortgage over part of the land and building owned by the Defendants of this case on July 8, 2011.

C. Under the instant exchange contract, the Defendants completed the registration of ownership transfer with respect to three parcels of land in the instant case, which were established by the Plaintiff and E on July 6, 2011.

The Defendants paid the remainder of KRW 100 million to the Plaintiff on December 7, 2011, and on December 8, 2011.

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