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(영문) 서울고등법원 2015.11.06 2014나54214
약정금
Text

1. The part of the judgment of the court of first instance against the plaintiff ordering payment is revoked.

The defendant shall make the plaintiff 215,00.

Reasons

Basic Facts

C Co., Ltd. (hereinafter referred to as the "C") is a company established on August 9, 2005 for the purpose of manufacturing and selling ready-mixed, and conducting aggregate extraction business, etc.

The Plaintiff was a director from the time of establishment of C to December 22, 2006, and the Defendant also served as C’s director from the time of establishment to August 28, 2006, and February 29, 2008.

The Defendant, at around 2005, purchased F forest land of 35702 square meters (hereinafter “F forest before division”), and subsequently changed the use for the development project of ready-mixed factory site and stone collection and gathering through the procedures for division and change of the form and quality, and subsequently sold the same again and made profits therefrom (hereinafter “instant development project”).

On March 7, 2005, the defendant entered into a sales contract to purchase F forest before the division from I.D.

I trusted the forest land to the land trust company according to the sales contract with the defendant.

Meanwhile, on the other hand, in the F forest before the partition, the division of G, H, and forest is divided on April 12, 2005 and 35702 square meters in F forest: ① G forest is divided into 1030 square meters; ② H forest is divided into 7450 square meters in each of the above forests on November 7, 2005; ② after the division of J, K, and L forest into 17592 square meters in each of the above forests, the J, K, and L forest is divided into 3710 square meters in each of the above forests. ② The division of 310 square meters in J forest is divided into 1033 square meters in G forest, ② the division of 475 square meters in L forest and 7450 square meters in H forest and 7450 square meters in land in each of H forest and land was divided into M or N, and the registration conversion was made in each land category.

Accordingly, F forest land has remaining 1424 m202 m2.

(A) The Defendant established C on August 9, 2005, with capital of KRW 50 million and shares of KRW 10,000 (the par value per share of KRW 5,000) for the progress of the instant development project. The Defendant established C with the value of KRW 5,00 (the par value per share of KRW 5,000) for the purpose of carrying out the instant development project.

On November 7, 2005, with respect to G and H forests among the lands divided after the establishment of C, the same year as of November 7, 2005

8.10. Grounds of sale.

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