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(영문) 대구지방법원 2015.10.15 2015가합3031
소유권이전등기
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 2013, the Plaintiff, a representative director of the Defendant Company, invested KRW 1.4 billion in the Defendant Company, and entered into an investment agreement with the Defendant Company to pay 50% of its profit to the Plaintiff (hereinafter “instant investment agreement”), and paid KRW 400 million out of the above KRW 1.4 billion to the Defendant Company. The main contents of the instant investment agreement are as follows.

(A) No. 1. The representative director of Article 1 shall invest 1.4 billion won in cash to the defendant.

Article III This Agreement shall continue to exist for the following three years (in December 31, 2016), and the profits of the defendant shall be divided by 50% after the vehicle, and the defendant corporation shall transfer them to C.

Article 4. Important matters of the defendant company shall be resolved by debate at all times and it is difficult to maintain due to sudden problems, only the defendant corporation shall be kept at the present point and the remainder shall be divided by 50%, and the construction company shall be kept as it is.

B. On November 19, 2014, the Plaintiff and C representing the Defendant Company agree that “C shall pay KRW 460 million to the Plaintiff not later than February 28, 2015, and each of the real estate listed in attached Table 2 (hereinafter “instant real estate 2”) as collateral shall revert to the Plaintiff KRW 280 million, and shall additionally pay KRW 180 million to the Plaintiff the remainder of the development charges imposed upon the Plaintiff.” In addition, if C pays the development charges imposed upon the Plaintiff, the Plaintiff shall transfer the ownership registration of the instant 2 real estate to C or the Defendant Company (Evidence 7; hereinafter “instant agreement”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, Eul evidence Nos. 7 and 15, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is to liquidate a partnership relationship with C on the grounds that C independently manages the Defendant Company and arbitrarily uses the Defendant Company’s public funds. On August 28, 2014, pursuant to Article 3 of the instant Investment Arrangement, the Plaintiff is the Defendant Company.

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