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Reasons
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(영문) 광주지방법원 2017.07.20 2017가합50053
동업정산금등 청구의 소
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1. The counterclaim claim is dismissed.

2. The costs of lawsuit incurred by a counterclaim shall be borne by the counterclaim.

Reasons

1. Facts of recognition;

A. The counterclaims and the counterclaims are the form of a penalty.

B. (1) On April 17, 2001, the counterclaim and the counterclaim Defendant jointly invested and purchased a building of 156.7 square meters in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, and constructed a new building on the ground to operate a restaurant, singing room, etc., and sold the above land and the building around January 7, 2004.

(2) Thereafter, the counterclaim and the counterclaim Defendant jointly invested from April 2004 to May 2010 and sold the real estate as indicated in the following table.

D. The sale date of the object from April 2004 to May 2010 shall be the same as D A, Dong-dong 2712, Apr. 29, 2004, 2004, No. 3002, Oct. 23, 2009, Dong-gu, Jung-gu, Incheon, 3002, May 18, 2004, and shall not correspond to 2,261㎡-gu, Jung-gu, Incheon, 325 square meters prior to G, 325 square meters prior to 4, Jun. 17, 2004.

(1) The Counterclaim Plaintiff and the Counterclaim Defendant divided the sales proceeds of the real estate sold. Around 2014, the real estate No. 2 as indicated in the above Table No. 1 is owned by the Counterclaim Defendant, and the real estate No. 3 as indicated in the above Table No. 2 is owned by the Counterclaim Defendant, and the Counterclaim Defendant paid KRW 80 million to the Counterclaim Defendant, and ④ The Counterclaim Defendant concluded an settlement agreement with the effect that all of the collateral security established on each of the above real estate in the name of the Lessee was cancelled (hereinafter “instant settlement agreement”).

(2) Pursuant to the instant settlement agreement, ① the Counterclaim Plaintiff completed the registration of ownership transfer in the name of the counterclaim Defendant’s family member, H, I, and J with respect to the real estate Nos. 3 in the list No. 1985, Sept. 3, 2015. ② The Counterclaim Plaintiff paid KRW 80,000,000 to the counterclaim Defendant around December 30, 2014, and KRW 40,000,000 around October 26, 2015, and ③ the Counterclaim Defendant cancelled the right to collateral security established in the name of H, 200,000 real estate No. 1333, Oct. 26, 2015.

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