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(영문) 서울서부지방법원 2015.06.25 2014가합32267
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

The plaintiff and F are those who run real estate brokerage business in Yongsan-gu Seoul Metropolitan Government G and H are those who run real estate brokerage business in Yongsan-gu Seoul Metropolitan Government, and the J is F's mother.

Plaintiff

The Plaintiff, F, H, etc. (hereinafter “Plaintiff, etc.”) entered into a business partnership agreement with the Plaintiff, F, and H, etc. with the content that purchased the building on the ground of Yongsan-gu Seoul Metropolitan Government (hereinafter “instant land”) and set up the building on the ground and sell or lease the building, thereby making profits therefrom.

Plaintiff

The Plaintiff purchased the instant land and completed the registration of ownership transfer in the name of the Plaintiff and J on March 24, 2008, and completed the registration of ownership transfer in the name of 1/2 shares. Construction of an aggregate building with the size of 1st underground floor and 4th ground surface (hereinafter referred to as “instant building”) on the ground of the instant land is newly constructed and completed the registration of ownership preservation in the name of the Plaintiff and J as to the instant building on August 28, 2008.

On March 24, 2009, F and the Plaintiff loaned KRW 1 billion from Han Bank Co., Ltd. to raise funds necessary for the partnership agreement of the Plaintiff et al., and on the same day set up a collateral for the instant building with the maximum debt amount of KRW 1.2 billion, the Plaintiff, J and Han Bank Co., Ltd. on the same day.

On the other hand, on September 18, 2009, with respect to 1/2 shares in the name of J among No. 403 of the instant building, the registration of transfer of shares was completed on September 18, 2009.

On November 22, 2008, Defendant B concluded a lease agreement on the instant building with the F claimed to be the representative of Plaintiff and J as a broker of real estate broker M and entered into a lease agreement on November 29, 2008 as KRW 100 million from November 29, 2008 to November 29, 2010.

Defendant B deposited KRW 100 million in the account under J’s name, and resided in the building 301 from November 29, 2008.

Defendant.

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