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(영문) 대전지방법원 2016.02.04 2014가단40388
정산금
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. Business registration for the purpose of the construction, manufacturing, and real estate lease, etc. of the trade name “D” is indicated as the name of the Plaintiff and Defendant C, and as the opening date of business on February 13, 2008.

Defendant B is the husband of Defendant C and is the incumbent police officer.

B. As to the first partnership business, after purchasing real estate from the Plaintiff, Defendant B and E, the Plaintiff settled the amount of 35,96,192 won, Defendant B’s 46,703 won, and E’s 48,769,035 won as a result of the investment on October 31, 2008.

(2) Defendant B paid to the Plaintiff KRW 4,60,00, which is equivalent to 10% of the above dividends, and received KRW 7,000,000 from the Plaintiff, and stored the remainder KRW 34,846,703 to the Plaintiff.

C. As to the secondary partnership business (hereinafter “instant partnership business”), the Plaintiff and Defendant C invested KRW 50,00,000, respectively, and completed the registration of ownership transfer on January 24, 2008, with the agreement to purchase KRW 1,250,656,000 (=land873,664,000, building 376,92,000, building 376,92,000, building) in the name of the Plaintiff and Defendant C, respectively.

(2) In accordance with the instant business agreement, the Plaintiff carried out the overall business activities related to the partnership business. On April 28, 2009, the Plaintiff divided G large 649.5 square meters and H large 391 square meters from the land in the Dong-gu Daejeon, Daejeon, Daejeon, Daejeon, into the land (hereinafter “instant one real estate”) and completed the registration of preservation of ownership in the name of each Plaintiff and Defendant C with respect to the building newly constructed on the ground of August 4, 2009, on the divided land.

(3) The Plaintiff and Defendant C are below the I on April 16, 2009 and the H land and buildings thereof.

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