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(영문) 인천지방법원 2013.11.22 2011가합10460
근저당설정등기 말소 등
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 September 3008, the Plaintiff: (a) planned to install and operate a LPG charging station on the exchanged land by exchanging apartment houses, officetels, etc. owned by the Plaintiff and the land, etc. managed by the Incheon Regional Maritime Affairs and Port Office delegated by the Republic of Korea; (b) agreed with the Defendant C and Nonparty D, “Defendant C is in charge of obtaining permission to install LPG charging stations; and D invests KRW 1.2 billion from the end of December 2008; and (c) the Plaintiff acquired the land for which the charging station is to be installed through an exchange contract with the Port Office; (d) pursuant to the above agreement, D provided KRW 20 million on September 30, 2008, KRW 300 million on October 1, 2008, KRW 150 million on the exchange land; and (e) transferred KRW 200 million on November 25, 2008, KRW 1008,000,000 from the Plaintiff’s account under the name of the Plaintiff.

3) During that period, D expressed its intent to recover the investment amount to the Plaintiff and Defendant C and withdraw from the said agreement. Defendant B returned the investment amount that D paid to the Plaintiff to Defendant D and agreed to carry out the business of installing the said charging station in lieu of D. B. On January 1, 2009, the Plaintiff and the Defendants entered into a partnership agreement with the Plaintiff and the Defendants (hereinafter “instant partnership agreement”). (B) On January 10, 2009, the Plaintiff and the Defendants entered into a partnership agreement with the following contents.

Location: The location: The business purpose of the Jung-gu Incheon Metropolitan Government and three parcels (each real estate listed in the attached list): the establishment of a LPG car charging station.

1. The above location of the place of business shall be approximately 700 square meters owned by the present regional maritime and fisheries office of Incheon (hereinafter referred to as the "Plaintiff") on the basis of the property exchange agreement for the purpose of accommodation of the employee of the Incheon regional maritime and fisheries office.

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