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(영문) 서울중앙지방법원 2014.05.08 2013가합51532
부당이득금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, the Plaintiff’s architect office, the Seo Hong Comprehensive Construction Corporation (hereinafter “Scari Comprehensive”), and the share shares of 250,000 shares issued by Company B (hereinafter “B”), a supervising company (hereinafter “B”), were shareholders of 103,610 shares (4%), the Plaintiff, 83,390 shares (3.36%) and the share shares were shareholders of 63,000 shares (hereinafter “shareholders including the Plaintiff”). The Plaintiff served as B representative director from March 6, 2007 to June 13, 2007.

B. Around March 2007, the Defendant, a supervising company, agreed to transfer B’s total supervision records ( approximately KRW 710,000 square meters) to KRW 2.1 billion (hereinafter “instant supervision records transfer agreement”) between B and B (hereinafter “instant supervision records transfer agreement”), and on April 11, 2007, remitted KRW 210 million out of the transfer proceeds to B’s account.

C. However, on April 19, 2007, the amendment of the relevant law makes it difficult for the Defendant and B to transfer or take over the supervision performance itself through the merger, and on April 19, 2007, the Defendant announced that the creditors and shareholders dissatisfied with B would raise an objection.

Accordingly, on May 18, 2007, C, who is the Plaintiff’s child, reported to B the claim for unpaid rent of KRW 402,063,185, and the claim registration statement states as follows: “C, which is a partial creditor of C, among the three creditors, reported the above amount as a claim for rent for building according to the public notice of your company.” On May 7, 2004, C, which is the Plaintiff’s children, completed the registration of ownership transfer for 1/20 of the six floors of the building in Gangnam-gu Seoul, Seoul, which is the Plaintiff’s children, and the Plaintiff, C, and E, was registered as a joint business proprietor of the company “F”, which is a “F,”

After that, on June 5, 2007, the agreement was reached between B and its shareholders and C, which is the Plaintiff’s children, to determine the unpaid rent of KRW 460 million and to settle the unpaid rent (hereinafter “instant agreement”).

(b).

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