logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.01.24 2017나11925
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 10, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 3/13 of shares in the Defendant, and KRW 6/13 of shares in Taeyang Construction Co., Ltd (hereinafter “Nonindicted Company”) and its ground buildings in KRW 715,50,000 (hereinafter “instant one sales contract”).

Of the previous sites of this case and the previous two sites of this case, the indication under the sales contract on each of the above shares is “C and two parcels of land, 174.9 square meters.” Since the sum of 3/13 of the previous two sites of this case and the Defendant’s shares 6/13 of the previous two sites of this case is 29.8 square meters (i.e., 43 square meters x 9/13 of the previous two sites of this case, and 29.8 square meters in the small number of two sites), the total sum of the sites to be purchased by the Plaintiff is 174.8 square meters on the basis of calculation (i.e., 145 square meters in the previous two sites of this case, 145 square meters in the previous one site of this case) but there is

On the other hand, among the previous two sites of this case, the remaining 4/13 shares are owned by the network E, and the defendant transferred (E) written consent necessary to divide the above shares and (E). Of the previous sites of this case, the condition that the registration of creation of a neighboring mortgage (133,90,000 won with respect to the establishment of a neighboring community credit cooperative of Han River, the debtor, the maximum debt amount of the defendant, the maximum debt amount of 133,90,000 won, and the registration of creation of a neighboring community of this case (hereinafter “the registration of creation of a neighboring community of this case”) was

B. Since then, the Plaintiff decided to purchase 6/13 of the shares of the non-party company in the previous 2 sites of this case directly from the non-party company. On November 3, 2014, the Plaintiff entered the previous 1 site of this case and the previous 2 sites of this case into a sales contract only 3/13 of the defendant's shares in the previous 2 sites of this case [the indication in the sales contract is indicated as "C and 15.1mm2, 155.1m2, 3/13 of the defendant's shares in the previous 2 sites of this case."

arrow