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(영문) 서울고등법원 2019.01.25 2016나2075327

대여금

Text

1. The part of the judgment of the court of first instance, including the claim for addition and reduction in the trial, against the Defendants is as follows.

Reasons

1. Facts recognized;

A. 1) B’s project to newly build and sell row houses (hereinafter “instant project”) by purchasing and selling row houses from around 2008 to around 60 from AV’s workplace premises (including approximately 60 persons)

) The organization of the persons who participated in the instant project has been changed continuously, and the persons who participated in the instant project, regardless of the change, are collectively referred to as "Dong heading member".

2) While the project of this case is in progress, the number of club members has been reduced continuously. A large number of club members have withdrawn from the project due to the administration, accusation, etc. of some club members B around June 2010. Since October 2010, club members continued to participate in the project of this case along with B (the defendants, network owners, B, AA, AI, R, H, H, Ha, F, AJ, Y, P, AC, AC, Z, Z, AB, AE (the defendants and P) were co-defendants of the first instance trial.

[Judgment] The Head of Si/Gun

[Defendant alleged as AT, AU, and AW club members, but in the case of AT and AU, Defendant G, the same club member, and the spouse of Z, appear to have participated in the project of this case with each spouse rather than the separate club member. In the case of AW, there is no circumstance to deem that the complaint against B was not withdrawn, and that the Defendants continued to participate in the project of this case. Thus, the above assertion by the Defendants cannot be accepted.]

1) On October 22, 2009, club members are 3,502 square meters of AX and Pyeongtaek-si Q2, 882 square meters of AY forests and fields, 1,294 square meters of AZ forests and fields, 903 square meters of BB forests and fields, 2,330 square meters of BC forests and fields, 395 square meters of BC forests and fields, 2,070 square meters of BD forests and fields (a total area of 11,382 square meters (3,443 square meters) and hereinafter “instant project site”).

[] The sales contract was concluded to purchase the purchase price of KRW 8.6 billion [B] representative of the purchaser’s “B and 39 other members (excluding Defendant C and the co-defendants of the first instance court among the above 26 members).”