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(영문) 서울중앙지방법원 2020.11.20 2019가합590701
근저당권말소
Text

The plaintiff's primary and conjunctive claims are all dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On October 7, 2010, D Co., Ltd. (hereinafter “D Co., Ltd”) purchased from the Korea Land and Housing Corporation a lot of 8,405.1 square meters (hereinafter “instant real estate”) in Chungcheong-gun Co., Ltd. (hereinafter “the instant real estate”) and promoted the instant real estate project by newly building 187 apartment units on the ground of the instant real estate.

B. On June 20, 2012, Nonparty Company entered into an investment contract with Defendant, E, and F (hereinafter “instant investment contract”). The content of the instant investment contract is as follows.

Investment amount: Conditions for investment of KRW 500,000,000: Investment amount of KRW 1,000,000 shall be paid with investment profits of KRW 500,000,000.

Provided, That the terms and conditions of payment shall be paid in cash, and KRW 1,000,000,000 shall be paid in lieu of goods (multi-family) for KRW 1,00,000.

The deadline for payment of investment funds: The payment method of investment funds for one year after commencement of construction works shall be made first in installments for the principal amount of KRW 500,000,000 when the National Housing Fund receives progress payment after commencement of construction works.

C. On June 20, 2012 under the instant investment contract, the Defendant invested KRW 500,000,000 in each of the following amounts: (a) the Defendant invested KRW 300,000,000 in the non-party company; (b) E 100,000,000 in total; and (c) F 100,000,000 in each of the following amounts.

On June 28, 2012, Nonparty Company completed the registration of ownership transfer under the name of Nonparty Company with respect to the instant real estate, and completed the registration of ownership transfer with respect to G Co., Ltd. on the same day.

E. Since then, due to the shortage of funds of the non-party company, the non-party company, the non-party company, decided to transfer the right to the real estate of this case to the defendant, E, F, and H. Accordingly, on February 11, 2014, the Plaintiff (K Co., Ltd., to the plaintiff on August 28, 2014) was established with 40% shares of the stocks of this case, E30%, and H 30%, and the Plaintiff entered into a sales contract for the real estate of this case with the non-party company on September 25, 2014.

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