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(영문) 수원지방법원 2015.06.12 2014가합1297

손해배상 등

Text

1. Of the instant lawsuit, the part of the claim against the Defendant C by the Plaintiff Co., Ltd. is dismissed.

2. Defendant D and E.

Reasons

1. Basic facts

A. The plaintiff A Co., Ltd. (hereinafter referred to as the "Plaintiff Co., Ltd.") is a corporation aimed at real estate investment business, etc., and the plaintiff B is the auditor of the plaintiff Co., Ltd., and the defendant C Co., Ltd. (hereinafter referred to as the "defendant") is the clan with the aim of promoting friendship of the members of the clan and fostering of the descendants of G who are four descendants of F. F.

B. On July 29, 2008, the Plaintiffs concluded a sales contract with the chief director of the Defendant clan, Defendant D, and E, respectively, to purchase KRW 26,144 square meters of the wife population H 26,144 square meters (hereinafter “instant land”) from the Defendant clan, which is owned by the Defendant clan, for KRW 2.1 billion.

(hereinafter “instant primary contract”). C.

Defendant D and E received respectively KRW 100 million on July 29, 2008, and KRW 100 million on July 30, 2008, and KRW 100 million on November 24, 2008, under the pretext of part payments for the first contract of this case from the Plaintiff side, respectively, and provided receipts to the Plaintiff side.

On March 17, 2009, the plaintiffs delivered a certificate of content stating "this case's first contract is concluded at will by Defendant D and E without the resolution of the legitimate general meeting of the defendant clan, and null and void." The plaintiffs finally disputed the validity of the first contract between the defendant clan and the defendant clan. At the same time, on August 25, 2009, the plaintiff company concluded a sales contract with the defendant clan to purchase the land of this case for 2.5 billion won from the defendant clan.

(hereinafter “the second contract of this case”). E.

After that, on November 6, 2009, the plaintiff company and the defendant clan prepared an agreement with the following contents, such as not disputing the validity of the first and second contracts of this case.

(hereinafter referred to as “instant agreement”). Agreements

1. As to the land of the defendant clan on August 25, 2009, the defendant clan is the same.