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(영문) 서울중앙지방법원 2012.08.23 2012가합4850

손해배상(기) 등

Text

1. Defendant C Co., Ltd.:

A. From January 27, 2010 to Plaintiff A for KRW 250,000,000 and for KRW 100,000 among them,

Reasons

1. Basic facts

A. Defendant C is an executor who implemented the instant real estate E golf course development project (the scheduled opening of a golf course around September 201), and the Plaintiffs concluded an application for the establishment of a golf course with Defendant C in January 2010, and deposited the subscription money as indicated below.

Plaintiff

A total sum of the three deposits of the first three deposits, A A, on January 27, 2010, KRW 150 million on April 30, 2010, KRW 100 million on April 30, 2010, KRW 150 million on KRW 150 million on January 25, 2010 B, KRW 10 million on March 10, 2010, KRW 250,000 on April 30, 2010.

B. On March 10, 2011, Defendant C temporarily suspended the instant golf course construction from the Plaintiffs, but provided a notice to the Plaintiffs to complete the golf course construction by normalizing the relevant project through such methods as selection of substitute construction, M&A, attraction of investments, and lending. However, the golf course construction corporation has been suspended until now.

C. Defendant C purchased the instant real estate on December 14, 2006 for the instant golf course construction. On January 22, 2007, after entering into a trust agreement with Cluco Asset Trust, Defendant C completed the registration of transfer of ownership in the name of Cluco Asset Trust for the instant real estate. On January 22, 2008, Defendant C completed the registration of transfer of ownership for the instant real estate due to the reversion of trust property in the name of Defendant C, but again completed the registration of transfer of ownership for the instant real estate on the same day.

On February 11, 2010, Defendant C completed the registration of ownership transfer on the ground of the reversion of trust property in the name of Defendant C with respect to the instant real estate, and on the same day on December 30, 2011, Defendant C borrowed KRW 3 billion from Defendant Korea Savings Bank, KRW 7 billion from Defendant Gyeonggi Savings Bank, KRW 8 billion from Defendant Gyeonggi Savings Bank, and KRW 22 billion from Defendant Youngnam Savings Bank, and the instant real estate in order to provide security for the said loan.