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(영문) 서울고등법원 2015.11.25 2015나9280

손해배상(기)

Text

1. At the request of change in exchange at the trial of the party, the defendant shall make 45,876 to the plaintiff (appointed party) and the appointed party C.

Reasons

1. Basic facts

A. The husband of the Y, Z, and the Defendant’s husband of the Y, Z, and X constituted an incorporated association AA female business group (hereinafter “Y, Z, and X were directors of an incorporated association”) (Y, Z, and X were directors of AA), to develop and sell the electric source housing complex in the middle of the Gyeonggi-gun G, AB 27,273 square meters (8,250 square meters).

Accordingly, on October 16, 2006, the number of 19 persons, X, etc. entered into a sales contract on the purchase of the above real estate. On November 24, 2006, there was a change to J, K, L, M, M, N, P, Q, Q, R, Q, T, T, U, U, and V due to the division, registration conversion, and the change of the name of the administrative district after 26,76m2 in the name of 16 persons, including the Defendant and AC (Y).

(hereinafter “instant real estate”) the registration of ownership transfer has been completed for each share.

(B) At the time, the Defendant’s share was 5,819/26,776). At the time of the instant real estate, the Suwon District Court rendered a loan of KRW 325,00,000,000 of the maximum debt amount, which was completed as of December 13, 2005 pursuant to the receipt of No. 42767 on December 13, 2005, and the establishment registration of a neighboring agricultural cooperative with the mortgagee’s ability to collateral security (hereinafter “instant collateral security”). At the time of the said sales contract, the buyer decided to succeed to the secured debt of the said right.

B. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties (hereinafter “Plaintiffs”) concluded each sales contract for part of the shares in the Defendant’s equity (hereinafter “the first sales contract, Appointers D, and E” and “the third sales contract for each of the instant sales contract” and “the third sales contract for each of the instant sales contract,” and “the third sales contract for each of the instant sales contract,” respectively, and the transfer of shares was completed after the payment of the purchase price in full to the Defendant.

On May 14, 2008, the date of the buyer's transfer registration of ownership subject to purchase and sale on the date of entering into the contract, C. 8,600,000 square meters.