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(영문) 서울중앙지방법원 2016.10.04 2015가합569921

손해배상(기)

Text

1. The Defendants jointly share KRW 6,812,191,750 to the Plaintiffs, and as to this, from November 20, 2009 to October 4, 2016.

Reasons

1. Facts of recognition;

A. Defendant A clan (hereinafter “Defendant A clan”) is a clan created by K and L, and Defendant B is the vice-chairperson of the Defendant clan, Defendant C, D, E, F, G, H, and I are the directors of the Defendant clan.

The defendant J was the representative director of the corporation N (hereinafter referred to as the "N") which was established for the purpose of housing construction business, site development business, development business, etc. and promoted multi-family housing business under the Urban Development Act at the Sung-nam-si Incheon Metropolitan City Mwon.

B. The conclusion of the sales contract for the real estate of this case and the general meeting and the resolution of the board of directors of the defendant clan 1) The defendant clan held an extraordinary general meeting on August 9, 2009 and held an extraordinary general meeting on August 9, 2009, and the 146 of all members (including the delegated members) are present, each real estate listed in the attached list owned by the defendant clan (hereinafter “the real estate of this case”).

(2) As of September 2, 2009, the board of directors of the defendant clan, including the defendant B (O acting for the president on behalf of the president on August 9, 2009) from among the 11 members of the defendant clan as of August 9, 2009, attended a meeting to sell the instant real estate with the consent of all the members present at the meeting, and reviewed and approved the sales contract with the consent of all the members present at the meeting.

3) On the same day, Defendant clan entered into a sales contract with N and the instant real estate amounting to KRW 51,317,025,000 (hereinafter “instant sales contract”).

(1) Of the purchase price, KRW 5,131,70 (10%) 80% of the intermediate payment (60%) 30,790,215,00 of the private project area shall be paid within 10 months after the payment of the down payment, and KRW 15,395,107,50 of the remainder (30%) within one month after the business approval, and Defendant clan shall be paid the down payment and the intermediate payment.

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