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(영문) 제주지방법원 2016.11.24 2016가합10250
손해배상(기)
Text

Plaintiff

A, Defendant H, 450,000,000 won, and 5% per annum from June 1, 2015 to September 9, 2016, respectively.

Reasons

1. Facts of recognition;

A. 1) Defendant D is a party’s position. Defendant D is an “I detached house” collectively referred to as six of the J detached Housing Nos. 101 through 106 that is being constructed on the first ground of Jeju Island (hereinafter referred to as “I detached house”).

A) On January 29, 2016, the owner of the building, who was the owner of the building, was changed to L Company. Defendant C is the owner of the building, and Defendant C is the owner of the building from 101 to 107 J detached Housing (hereinafter collectively referred to as “K detached Housing”).

(2) Defendant H acquired K’s 102 and 103 units from Defendant C, and the Plaintiffs succeeded to the status of the buyer from Defendant H.

3) The first new construction corporation, which was a contractor of I’s own house and K’s own house, was changed to Defendant E around July 27, 2015. After January 2016, the new construction corporation was changed to Defendant E. Around January 2016. Defendant F is the representative director of the Defendant Company, and Defendant G are the auditors of the Defendant Company. (b) Defendant H and K’s conclusion of the contract for the sale of detached house between Defendant C and K’s own house on October 16, 2015, written a sales contract in which Defendant C and K’s KRW 102 and 103 are supplied respectively for KRW 330,00,000 (hereinafter referred to as “each sales contract of this case”).

(C) On October 27, 2015, the Plaintiffs and Defendant H entered into an investment agreement with the following content (hereinafter “instant investment agreement”).

① The Plaintiffs shall invest KRW 350,000,000 in the development projects promoted by Defendant H.

② Defendant H shall pay 103 and 102 (102) of K detached Housing purchased to the Plaintiffs on behalf of the Plaintiffs in kind, regardless of the investment period, in consultation with the owner of the building, as I detached Housing.

③ If the completion of each of the above detached houses and the registration for sale in lots are not completed by February 28, 2016, Defendant H shall request the Plaintiffs.

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