logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.09.13 2018가합293
투자금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 17, 2007, the Plaintiff engaged in real estate investment business entered into a contract with the Defendant and B (hereinafter “instant contract”).

In the event that C, Defendant C, and B (hereinafter referred to as “B”) invest in the primary project the funds necessary for the project to develop factory sites using land located in Chungcheongnam-gun and four parcels and the land located in the second project area in Geumsan-gun and the second project area in Geumsan-gun (hereinafter referred to as “this project”), the Plaintiff entered into a contract with the following content:

Article 1 (Methods of Guaranteeing Investment, etc.) (1) The Plaintiff’s investment amount is KRW 180,000,000.

② The said investment shall be made on the premise that the “B” side of the said investment is performing as security:

The term "B", first of all, shall be transferred to the Plaintiff all rights to the development project for the land located in Chungcheongnam-gun, Chungcheongnam-gun, the primary project for the project, and the land for the land located in the Simsan-gun, Chungcheongnam-gun, Chungcheongnam-gun, the second project site, and shall prepare a "project plan and a lien transfer contract" and shall prepare documents for the change of the name of the construction participant to the Plaintiff or the person designated by the Plaintiff

The term "B" shall not establish subordinates and rights without obtaining the consent of the plaintiff in the main business area.

V. The term “A” refers to limited use of the Plaintiff’s investment funds only for the purpose related to the main business.

㉣ 2차 사업지의 공동계약서 권리 양도 양수계약서를 작성한다.

The value “B” shall be prepared by the Plaintiff or a person designated by the Plaintiff, with all of the stock transaction agreements and executive officers that transfer and acquire all of the shares of the “B” company.

Provided, That the liabilities, taxes, executives, employees, wages, etc. due to the transfer and acquisition of a corporation and stocks shall be borne by the "B", and the amount of the debt shall be excluded from the transfer and acquisition, and the case where the plaintiff and the "B"

The material of the material situation is F, the nominal owner of the D land in Chungcheongnam-gun, Chungcheongnam-do.

arrow