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(영문) 서울중앙지방법원 2017.01.19 2015가단5026552
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a party’s status (1) publication of children’s English and Korean teaching materials and D are English kindergarten education programs as N’s weak.

A legal entity that engages in English education consulting business, and an intervenor who participates in the defendant's supplementary intervenor (hereinafter referred to as " supplementary intervenor") is the representative director on August 2, 2010, and thereafter E is the representative director, and F is the spouse of E and is in office as the plaintiff's internal director from June 13, 201.

(2) As seen in the following B, the Defendant and the Defendant’s husband G purchased a building located in H located in Seongbuk-gu branch of the Sungnam-si, Sungnam-si, which was owned by the Intervenor. In addition, the Defendant and the Defendant acquired “I” using the D program, which was operating in the said building.

(3) The J Co., Ltd. (hereinafter “J”) is a corporation engaged in the publication and sale of books and the operation of private teaching institutes, etc., and K, U.S. as its representative director from October 26, 2009, and the supplementary intervenor is a director.

(4) L Co., Ltd (hereinafter “L”) is a corporation engaged in publishing, manufacturing, and selling books, and an intervenor assisting in L Co., Ltd is the representative director from March 13, 2007.

(5) M Co., Ltd (hereinafter “M”) was a corporation engaged in book publishing, sales, and private teaching institute management, etc., and the Intervenor was employed as one in-house director by May 19, 2014.

B. (1) The Defendant couple and the Intervenor’s joint purchaser (Defendant 1/3 shares and G2/3 shares) entered into a sales contract with the supplementary intervenor on October 12, 2010, to purchase shares in the land of J and its ground (hereinafter “instant building”). The sales contract for commercial buildings prepared at the time is indicated as KRW 2.3 billion.

(2) The Defendant couple purchased the instant building and, at the same time, acquired “I” which was operating in the instant building.

(3) The defendant couples and her husbands and wife changed their trade names into “O” around March 2014.

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