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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 Plaintiff is the owner of 3,724 square meters and E ditch prior to Dosan-si and 383 square meters (hereinafter collectively referred to as “instant land”). Defendant B is the representative director of Defendant C Limited Liability Company (hereinafter “Defendant Company”).
B. Around May 2009, Defendant B entered into an agreement with the Plaintiff to “the gathering and sale of soil and rocks on the instant land” (hereinafter “the agreement to collect earth and rocks”) and collected soil and rocks from the instant land from May 2009 to September 2009 through the Defendant Company, the representative director of which was the Defendant Company.
C. From May 6, 2009 to September 6, 2009, the Plaintiff collected and sold earth and rocks on the instant land, and then purchased the said money by deceptioning the Plaintiff from May 6, 2009 to September 6, 2009, on the ground that there was no evidence to prove that Defendant B did not have any intent or ability to dispose of profits from the beginning of February 26, 2013, the former Military Prosecutors’ Office did not have any capacity to support the Defendant B’s disposal of the earth and rocks equivalent to KRW 714,717,50 (in an amount of KRW 690,570,000, KRW 24,147,500 in cubic meters and KRW 24,659 in cubic meters).
Although the Gunsan-si permitted the gathering of earth and rocks on the instant land outside F of the Gunsan-si, which is adjacent to the instant land, it did not have permitted the gathering of earth and rocks on the instant land.
E. Around August 2009, the Defendant Company was requested by the Korea Industrial Complex Corporation to restore soil and rocks to its original state because it did not collect soil and rocks in neighboring areas of the instant land.
GH Co., Ltd. in the taxable year, the total sales amount of the annual total sales amount (wons) of GH Co., Ltd. 285,240,000 8 412,464,000 697,704,000 13,150,0000 64,557,000 7,707,000 212,240,240,2400,240,240,000 212,247,032,300 October 201, 2012