beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C, D, and E (hereinafter “C, etc.”) purchased approximately 1,200.3 square meters of the F-gu, Ansan-si (hereinafter “instant land”), and agreed to newly construct and distribute “G” buildings (hereinafter “instant commercial buildings”) on the said ground to distribute profits therefrom. The registration of ownership transfer on September 22, 2003 with respect to each 1/3 portion of the instant land is completed.
B. C, etc., on October 29, 2003, performed the instant new commercial building construction project on a contract basis to H Co., Ltd. (hereinafter “H”), but, as the construction cost falls short of the construction cost, it was intended to invite persons to pre-sale and appropriate funds for the construction cost.
C. C as the representative of the instant commercial building on January 15, 2004, between the Plaintiff and E, a partner of the instant commercial building, entered into a sales contract by setting the sales price of KRW 442,00,000 for the instant commercial building 102, and KRW 319,280,000 for the same commercial building as the sales price of KRW 100,000 for each of the above commercial buildings on the same day, and received KRW 200,000 for the down payment of each of the above commercial buildings.
H’s discontinuance of the above construction work on or around June 30, 2004 due to financial shortage, etc. The Plaintiff’s suspension against C and D.
On September 19, 2014, the Seoul High Court rendered a judgment that “C and D shall jointly and severally pay to the Plaintiff KRW 400,000,000, and damages for delay thereof,” which became final and conclusive on January 15, 2015.”
E. Meanwhile, on May 27, 2008, the Defendant purchased D’s share in the instant land from D by acquiring D’s share in the instant land from D, and only KRW 530,000,000,000, which was loaned from the National Agricultural Cooperative Federation on September 22, 2003, after deducting KRW 670,000,000, which was loaned from D’s National Agricultural Cooperative Federation as collateral for the purpose of carrying out the said sales business from KRW 1.2 billion.