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(영문) 전주지방법원 2017.01.12 2015나9434 (1)

토지매매대금

Text

All of the plaintiffs' claims that have been changed in exchange in the trial are dismissed.

The plaintiffs' total cost of litigation.

Reasons

1. Basic facts

A. 1) The non-party partnership (hereinafter “non-party partnership”) was established on December 23, 2008, with the Plaintiff’s investment of 10,000 units in each of the 1/3 equity shares, and the Defendant’s side also has invested 10,000 equity shares in each of the 1/3 equity shares. 2) The Defendant held office as the representative director of the non-party partnership from November 16, 2010 to August 26, 2013. The Plaintiffs are co-representatives of the non-party partnership from August 26, 2013 to August 26, 2013.

B. The plaintiffs and the defendant purchased each land listed in the attached list 1) The AA project (hereinafter "the project") which is a new construction corporation of multi-family housing by the non-party association.

The non-party partnership will promote the project, and on January 3, 201, each land listed in the separate sheet (hereinafter referred to as “attached Form 1”) in attached Form 1 to achieve its business objectives.

2) However, the non-party union purchased the land listed in the attached Table 3 (hereinafter “attached Form 3”) in order to secure access roads on June 8, 201.

3) Since then, E, the Defendant’s wife, together with F, as the Defendant’s wife, shall have a stake of 1/2 each, and on September 28, 201, each land listed in the separate sheet 2 (hereinafter “attached Form 2”) as other access roads to the attached sheet 1, as shown in the attached sheet 2.

(C) On November 24, 2011, the Plaintiffs and the Defendant concluded a new construction contract for multi-family housing (loan 64 households, construction price 6373,96,000 won) on the ground, such as attached Forms 1 and 2, on the ground that the Plaintiff purchased KRW 630 million, and the Plaintiff Company B invested KRW 40 million, respectively.

2. However, during the process of the said new construction project, the said construction project has not continued due to the internal dispute between the plaintiffs and the defendants who are members of the non-party union, dispute with a limited liability company, etc.