손해배상(기)
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
Basic Facts
Defendant B Co., Ltd. (formerly changed: E Co., Ltd.; hereinafter “Defendant B”) is a company whose purpose is housing construction and supply business, real estate sale and sales agency business, etc., and Defendant C Co., Ltd (formerly changed: F Co., Ltd.; hereinafter “Defendant C”) is a company whose purpose is construction business, building business, real estate lease and sales business, etc.
On August 24, 2005, Defendant C established the instant building (hereinafter “instant building”) on August 24, 2005 to build a new building (hereinafter “instant building”) on the ground of 19,813 square meters (hereinafter “instant land”) with G and H as well as G to operate or sell the sports center (hereinafter “instant project”).
At the time of the establishment of Defendant C, G, 25% of the shares issued by H, and 26% of the shares were owned by H, and H was appointed as the representative director.
Defendant C purchased the instant land and entrusted it to J Co., Ltd. (hereinafter “J”), and obtained a building permit for the instant building (hereinafter “instant building permit”), and then, as the executor of the instant project, K Co., Ltd (hereinafter “K”) was performing the construction of the instant building as the contractor of the instant project, and the said construction was suspended due to K’s default around 208.
At the time, columns, walls, etc. were installed up to a part of the second floor above the ground, and steel structure construction was completed up to the third, fourth, and fifth floor above the ground.
D established Defendant B on May 26, 2010 to continue the instant project.
At the time of the establishment of Defendant B, L 25% of the shares issued by L, 35% of the 35% of the shares were owned by N, and 40% of the shares were assigned to the representative director.
Defendant B purchased the instant land from J on August 2, 2010 in KRW 12,571,00,000, and the down payment of KRW 1,260,000,000 shall be the contractual date, and the remainder of KRW 11,311,00,000 shall be the contractual date.