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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On October 4, 2002, the plaintiffs and non-party D (hereinafter referred to as "the plaintiff, etc.") entered into a contract with the Korea Land Development Corporation to purchase the land of KRW 2,147,610,000 (hereinafter referred to as "the land in this case") from the Korea Land Development Corporation for KRW 2,147,610,00. The plaintiff Gap independently becomes the purchaser under the contract in this case, and insidely held the share of KRW 50%, KRW 25%, and KRW 25%, and assessed the purchase price according to the share ratio.
B. The Plaintiff et al. received proposals from Nonparty F for defects in the business of newly building and selling officetels on the instant land (hereinafter “instant business”), and established G Co., Ltd. (hereinafter “G”) to implement the instant business.
C. On November 1, 2011, Plaintiff A transferred the status of purchaser under the sales contract for the instant land to G, and G paid the purchase price on the same day to the Korea Land and Housing Corporation, and completed the registration of ownership transfer for the instant land.
Plaintiff
The F and F agreed to implement the instant project, and for this purpose, the G shares held by the Plaintiff et al. were transferred to F with the price of KRW 4.8 billion.
Plaintiff
The F received KRW 2.5 billion from F, and the remaining KRW 2.3 billion was paid later.
E. Since then, G was unable to raise funds necessary for the instant project; on December 26, 2014, G entered into a pre-contract with H (hereinafter “H”) on the instant land; on the same day, G completed the registration of ownership transfer claim based on the said pre-contract.
F. H received the transfer of the instant land and the instant project implementation right from G, thereby succeeding to F’s obligation to the Plaintiff, etc. for G equity purchase amount (2.3 billion won).
G. On January 7, 2015, the Plaintiffs were scheduled to take office as F and H representative director, who are G representative directors.