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(영문) 서울중앙지방법원 2016.12.16 2015가단96211
약정금
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 December 30, 2002, the Plaintiff and C, together with D and E, purchased F land in Seongbuk-gu, Sungnam-si (hereinafter “instant F land”), at KRW 969 million. The ownership transfer registration is to be made under D and E, and the purchase price is to be borne by the Plaintiff and C in KRW 420,180,125,400,000,000,000 for each of them.

B. The Jongno-gu Seoul Metropolitan Government G, H, I, and J land (hereinafter “K”) planned to purchase the said L’s share in the name of the N Co., Ltd. (hereinafter “N”) jointly invested by the Plaintiff and C in the name of the N Co., Ltd. (hereinafter “N”), and the said M’s share (hereinafter “M share”) in the name of the O Co., Ltd. (hereinafter “O”) owned by C.

C. On May 16, 2003, N entered into a sales contract with L to purchase L Shares amounting to five billion won, and paid 1 billion won down payment to L on the same day. M argued L Shares as one’s own ownership and received a provisional injunction decision on May 19, 2003 with respect to L Shares as of Suwon District Court Decision 2003Kadan2389, which completed provisional injunction registration on May 19, 2003, N would lose one billion won of the down payment already paid.

The Plaintiff, C, P, and Q, the shareholders of N, established the R Co., Ltd. (hereinafter “R”) to acquire L shares through a voluntary auction procedure already commenced, and acquired ownership by winning L shares in the name of R on July 8, 2005.

E. Meanwhile, C’s wife purchased M Shares on May 27, 2003, and C’s creditors came to know of the above facts, C borrowed M shares in the Defendant’s name and completed the registration of ownership transfer of S Shares in the Defendant’s name (hereinafter “instant shares”) on June 29, 2004.

F. As above, C is the land of this case and F.C.

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