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(영문) 수원지방법원안산지원 2017.12.21 2016가합8272
손해배상(기)
Text

1. Of the instant lawsuit, the part of the claim for nullification of each transfer contract indicated in the separate sheet shall be dismissed.

2...

Reasons

1. Basic facts

A. On September 2013, Plaintiff A established a J Co., Ltd. (hereinafter “J”) to construct an up-to-date plant for waste treatment screening plant business.

B. On September 27, 2013, J decided to purchase the O land from Defendant D’s Real Estate Development Business Chain Co., Ltd. (hereinafter “N”) as factory site, and drafted a contract with the following contents.

The location of an application for the supply of a chemical site: The purpose of the application for the supply (2,300 square meters): The sale price of the site for excreta and waste treatment facilities: 1,610,000,000 won: the implementer must obtain the authorization and permission as above.

Implementer Co., Ltd.: The date of application for subscription by J: September 27, 2013.

The J decided to purchase the P land owned by Defendant E, the wife of Defendant D in the vicinity in the process of purchasing the land, together with the following terms and conditions on September 5, 2014:

Real estate for sale and purchase of real estate: The seller of KRW 430,000,000 among the sale and purchase price of forest land of KRW 3,300 square meters: Defendant E buyer on September 5, 2014.

On November 24, 2014, Defendant I Co., Ltd. (Defendant E resigned on December 19, 2014, and Defendant G, the father of Defendant D, was appointed as an inside director on December 19, 201; hereinafter “Defendant I”) established for the purpose of real estate development business with Defendant E as its representative director.

E. On November 28, 2014, J newly drafted a sales contract with Defendant I, including the land purchased as above, as follows:

Real estate sold in the sale contract form (hereinafter referred to as the "sale contract form of this case"): Terms and Conditions of the contract form of K, R, S, T, andO (owner: Asian Trust Co., Ltd.) total of 10,609 square meters (hereinafter referred to as the "owner of the above land") at the time of harmony:

1. It shall be 3,649 square meters (including roads);

(Provided, That there may be an increase or a decrease in area). 7. Any conversion of a mountainous district and permission for road use.

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