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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Around October 2001, C and D entered into a partnership agreement with the content that, in the name of D around October 2001, they take over F, G, H, I, J, K, K, and L-ground golf driving range (hereinafter “instant golf driving range”) under the name of D, invested 1/2 each of the various expenses, including acquisition cost and operating cost, and distributed 1/2 each of the incurred profits.
Accordingly, on November 12, 2001, M and the above companies purchased all the buildings of the instant golf driving range (Ndong, Odong, Pdong), ancillary facilities, business rights, etc. from M and the above companies for KRW 1.6 billion. On December 29, 2001, they completed the registration of ownership transfer in the name of D with respect to the above golf driving range building, and operated the instant golf driving range after completing the registration of ownership transfer in the name of D.
B. On August 3, 2009, C and D agreed not to raise any objection, even if they independently sell their respective shares as partners of 50:50 on the instant golf practice course business.
C. On April 22, 2011, the Plaintiff purchased D’s 1/2 shares in D’s instant golf practice course business from D in KRW 600 million. On April 25, 201, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff on the building of the said golf practice course, completed the registration of ownership transfer in the name of the Plaintiff on April 25, 201, and operated the instant golf practice course.
C Around October 27, 2011, against D, filed a lawsuit claiming the refund of investment amount (hereinafter “instant related investment lawsuit”).
In the appellate procedure of the pertinent investment lawsuit (Seoul High Court 2012Na105835), on May 1, 2014, the conciliation was concluded between C and D, which read, “C and D have one-half equity shares in the instant golf driving range project until April 22, 2011.” Accordingly, D sold their respective equity shares to the Plaintiff on April 22, 201, and D sold their equity shares to a third party in the future.”
(e).