위약벌 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of the overall purport of the pleadings as stated in Gap evidence Nos. 1 through 8, 11 through 21, 24 through 29, 31, 32, 36, Eul evidence No. 10, 12, 13, 22, 26, 28 through 31, 33, 39, and 41:
Nonparty D is each representative director of Defendant B Co., Ltd (hereinafter “Defendant B”) and Defendant C Co., Ltd. (hereinafter “Defendant C”).
D had a plan to build a new hotel in the name of Defendant C on the Seo-gu, Seo-gu, Gwangju (hereinafter “instant land”) 4,560.6 square meters (hereinafter “instant land”).
Meanwhile, Defendant B leased the instant land as a parking lot on September 15, 201 to the neighboring F (hereinafter “this case”) in order to utilize the instant land while the said hotel construction project is underway. After the renewal of the lease contract, Defendant B agreed that Defendant B may terminate the lease contract even before the expiration of the contract period.
B. On September 24, 2015, Nonparty G Co., Ltd. (hereinafter “Nonindicted Company”) entered into a contract with Defendant B to purchase the instant land at KRW 17 billion (hereinafter “instant land purchase contract”). On the same day, Defendant C entered into a contract with Defendant C to acquire all business rights related to new hotel construction on the instant land including authorization and permission (hereinafter “instant contract for acquisition of business rights”). The remainder payment date of each of the instant contracts was common on February 4, 2016.
According to the land sales contract of this case, the non-party company paid the down payment of KRW 1.5 billion to the defendant B, and the down payment of KRW 300 million to the defendant C in accordance with the instant business right acquisition agreement.
C. The non-party company is the land of this case.