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(영문) 대구지방법원 2018.05.11 2016가합200877
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The registration of initial ownership was completed on February 25, 2013 in the name of M Co., Ltd. with respect to the Seongbuk-gu Seoul apartment complex D, E, F, G, H, I, J, K, and L (hereinafter the above 9 apartment units)

B. At around 2014, N,O, and the Defendant acquired the Plaintiff, and decided to carry out the business of purchasing C Apartment Bonds 47 and selling them in lots (hereinafter “instant business”). On October 9, 2014, the above three were appointed as the Plaintiff’s internal director, and theO as the representative director. Of the Plaintiff’s 10,000 shares, N was 4,000 shares among the 10,000 shares, and the Defendant and O acquired 3,000 shares, respectively.

C. On November 5, 2014, the Plaintiff completed the registration of ownership transfer for each apartment of this case on the grounds of sale as of November 4, 2014, and completed the registration of ownership transfer for each apartment of this case under trust with P Co., Ltd. (hereinafter “P”) on the same day.

On July 8, 2015, the Plaintiff and the Defendant drafted a sales contract (hereinafter “instant sales contract”) with respect to each apartment of this case, which entered into the sales price of KRW 5,292,606,680, the seller, the Plaintiff and the Defendant as the Defendant.

E. Meanwhile, with respect to each of the instant apartment buildings, the registration of ownership transfer was completed under the name of the Plaintiff on July 8, 2015 and July 8, 2015 due to the ownership transfer on the ground of the trust property attributed to the trust property as of July 8, 2015, the registration of ownership transfer was completed under the name of the Defendant on the ground of the sale as of July 8, 2015, and the name of P on July 6, 2015.

F. The registration of ownership transfer was completed in the name of the third party due to the attribution of trust property in the name of the defendant with respect to D, E, F, G, H, I, and J among each of the instant apartment buildings.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 (including paper numbers, hereinafter the same shall apply), Eul evidence No. 2, and the purport of the whole pleadings.

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