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(영문) 수원지방법원 2015.08.18 2014가합6469
공동운영권확인 등
Text

1. With respect to the driving range of the Gosi-gu C, D, E, F, G, H, and I ground between the Plaintiff and the Defendant, the Plaintiff is driving range.

Reasons

1. Facts of recognition;

A. On October 2001, J and K entered into a partnership agreement with L Co., Ltd. to acquire six above ground driving ranges (hereinafter “instant driving range”) listed in the purport of L Co., Ltd. L Co., Ltd., under the name of K, and to distribute one half of all all kinds of expenses, including the acquisition cost and operating expenses, and one half of the profits accrued from each of them. Accordingly, on November 12, 2001, M Co., Ltd purchased all of the instant driving range buildings, ancillary facilities, business rights, etc. (hereinafter “driving range, etc.”) from M Co. and L Co., Ltd. at KRW 1.6 billion, and completed the registration of ownership transfer under the name of K on December 29, 2001.

B. On August 3, 2009, J and K agreed that the disposition of a golf driving range, etc. shall be 50:50 partners, each trade contract shall be made in relation to the sales contract, and no objection shall be raised.

After that, on April 22, 2011, K entered into a contract with the defendant to sell the golf practice range, etc. in total to KRW 600 million, and around April 25, 2011, K completed the registration of ownership transfer on the building of the golf practice range in this case to the defendant.

C. On May 1, 2014, J filed a lawsuit against K seeking the return of investment, etc., and on April 22, 2011, K and K agreed to independently sell their respective shares in a golf driving range, etc., and accordingly, K sold its shares to the Defendant on April 22, 2011, and in the future, K did not raise an objection against the sale of its shares to a third party.

(Seoul High Court 2012Na105835). Meanwhile, at the time of entering into the sales contract of the golf driving range in this case, the Defendant was aware that K and J agreed to dispose of their respective shares and agreed to do so.

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