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(영문) 서울중앙지방법원 2014.02.06 2011가단175130
부당이득금
Text

1. Defendant B and C trade on December 31, 1993 with respect to each real estate listed in the separate sheet Nos. 1 through 7 from the Plaintiff.

Reasons

1. Presumed factual basis

A. On September 1993, Defendant C established the Plaintiff A Co., Ltd. (hereinafter referred to as the “Plaintiff”) on September 17, 1993, which was newly built on each real estate (hereinafter referred to as the “instant site”) listed in the separate sheet No. 13, each of the above real estate (hereinafter referred to as the “instant real estate”). At that time, Defendant C and B were appointed as the Plaintiff Company’s director and auditor, and F as the Plaintiff Company’s representative director.

B. On December 1, 1993, the Plaintiff Company transferred the construction business of the above multi-household house, such as purchasing the instant site, etc. from the Silan industry, and changed the name of the owner of the building of the above multi-household house from the Silan industry to the Plaintiff company from the Silan industry, and completed approximately 60% process by borrowing money from the Defendant C and the Silan industry, etc. or receiving investments from the Defendant C and the Silan industry, etc., but on December 31, 1993, the Plaintiff Company failed to pay the borrowed money, the sales balance of the instant land, the construction cost, etc.

C. On December 31, 1993, Defendant C and B agreed between the Plaintiff Company and the Plaintiff Company to sell seven households among the above multi-household houses newly constructed at the time of the Plaintiff Company, waive their invested funds and shares, and waive their management participation by withdrawing directors and auditors. Accordingly, on the same day, the said Defendants concluded a sales contract with the Plaintiff Company to lend the name of Nonparty G, etc. and purchase each real estate listed in the separate sheet 1 through 7 from the Plaintiff Company (hereinafter “instant sales contract”). Under the above agreement, Defendant C and B resigned from office as director and auditor of the Plaintiff Company on January 5, 1994, and thereafter transferred all the shares of the Plaintiff Company owned by the said Defendants to F, the representative director of the Plaintiff Company.

However, the plaintiff company's multi-household.

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