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(영문) 청주지방법원 2015.06.03 2013가합1423

손해배상

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 2009, Plaintiff B entered into a partnership agreement with Defendant E with the content that Plaintiff B transferred the corporation to Defendant E and invested funds, and Defendant E would purchase and develop real estate in the name of a juristic person based on know-how on real estate development. Plaintiff B invested KRW 320,000,000 to Defendant E.

B. For the execution of the above business, on October 28, 2009, Plaintiff A changed the trade name of Defendant C Co., Ltd., the representative director, to Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”). On November 17, 2009, Defendant D, the relative of Defendant E, was registered as a shareholder and representative director, and Defendant E, as an auditor, in the corporate registry, and in substance, Defendant E operated the Defendant Co., Ltd..

C. On April 21, 2010, Plaintiff E and Plaintiff E are the money of Plaintiff A, and Defendant E and Plaintiff B are the investment funds of Plaintiffs and Plaintiff A, and they are engaged in land development projects. The Plaintiffs and Defendant E distribute profits in 1/3 each, respectively. Defendant E and Plaintiff B and Defendant Company are jointly and severally liable for the principal and interest of Plaintiff E’s investment.

In order to carry out a project under an agreement with the Plaintiffs, the Defendant Company: (a) purchased KRW 14,470 square meters (a part of which was divided into J or K; and L among this, was converted into 7,660 square meters of M forest land) of KRW 1,181,00,000 in purchase price; (b) completed the registration transfer on August 31, 2010; (c) purchased KRW 120 square meters of O from N on June 30, 2010 from 28,50,000 in purchase price and completed the registration of ownership transfer on August 27, 2010; and completed the registration of ownership transfer from P on August 12, 2010 to P on KRW 738,00 in purchase price (a part of which is divided into 210 square meters of land) and completed the registration of ownership transfer from P on August 12, 2010 to KRW 105,010.

(hereinafter referred to as “S land”)

E. Meanwhile, T Co., Ltd (hereinafter “T”) is a real estate consulting business, real estate sale and lease business established on December 23, 2010.