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(영문) 서울중앙지방법원 2015.10.23 2015가합512062

매매대금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants and E, and F Co., Ltd. 1) Defendants C and D are married children of Defendant B. On June 23, 2010, Nonparty G is the representative director of the E Co., Ltd. (hereinafter “E”).

In addition, the contents of the Defendants’ joint business agreement (hereinafter “instant joint business agreement”) to raise funds in cooperation with E so that E can secure a total floor space of approximately KRW 17,94.58 square meters for land 5,309 square meters in Seocho-gu Seoul, Seocho-gu (hereinafter “instant development project”) and carry out a new construction project for officetels of approximately 17,94.58 square meters.

(2) The Defendants B and B concluded a special agreement, which has priority over the instant joint project agreement, on July 7, 2010, stating that the Defendants’ repayment method, etc., of the funds raised under the instant joint project agreement, was the same as attached Table 1. (2) Defendant B and Defendant B entered into a special agreement having the effect of specifying repayment method, etc., of the funds raised by the Defendants.

The main contents thereof are as stated in [Attachment 2].

3) The Defendants are E and F Co., Ltd. (hereinafter “F”) on August 24, 2010.

(2) A special purpose corporation (SPC) created by E’s representative G for the instant development project. Over, the Defendant entered into a special agreement having priority over the instant joint project agreement, which provides that “In order to carry out the joint project, the Defendant shall lend KRW 22.6 billion to E and F with the purchase fund of each land in Seocho-gu Seoul, Seocho-gu, Seoul (hereinafter “each of the instant land”) and the building on its ground.” The main contents are as indicated in [Attachment 3] Special Agreement on Joint Project. (hereinafter “Special Agreement on Joint Project”). (The instant joint project agreement and each of the said special agreements, including both the instant joint project agreement and each of the above special agreements, are “instant joint project agreement and the instant special agreement.”

B. B. Article 1 of the instant sales contract for each of the instant lands and the reservation for the purchase and sale of each of the instant lands / [Purpose] the seller and the buyer, by agreement, shall purchase and sell each of the instant lands (including buildings and fixtures on the land).