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(영문) 울산지방법원 2018.04.11 2015가합805
손해배상(기)
Text

1. Defendant AA and AB jointly share the remainder of the plaintiffs except Plaintiff F and Z in the attached Table.

Reasons

1. Basic facts

A. Defendant AA (hereinafter “Defendant A”) was established for the purpose of running real estate sales business on January 13, 2010, and Nonparty AE was registered as the representative director of the Defendant Company from April 12, 2010, but Defendant AB operated the Defendant Company as a substantial representative.

Defendant AC and AD were registered as an internal director of the Defendant Company, and Defendant AF served in the Defendant Company as the director of the division.

B. Defendant AB established a company to invite its executives and employees to purchase real estate owned by it. Defendant AB is a person who conducts the so-called “Planning real estate business” to sell and purchase real estate by soliciting buyers.

After the establishment of the Defendant Company, Defendant AB completed the division process on January 14, 201, 201, 1,963 square meters of AH forests and 20,131 square meters of AI forests and 20,131 square meters of land in the name of the Defendant Company (hereinafter “instant land”). However, Defendant AB, regardless of whether before or after the division, intended to purchase the instant land in the name of the Defendant Company and sell it at a low price to other persons.

C. Accordingly, on August 10, 2010, Defendant Company purchased 1/400 of the instant land from AJ and completed the registration of ownership transfer on August 11, 2010. On October 22, 2010, Defendant Company purchased 900/2200 of the instant land from AJ for KRW 690 million and completed the registration of ownership transfer in its name on October 25, 2010. Defendant Company purchased 1341/418 of the instant land from AJ on November 26, 2010 and completed the registration of ownership transfer in its name on November 26, 2010.

In the event that the sales contract is inconsistent with the date of the sales contract under the name sales contract and the date of the sales contract in the register, the date of the sales contract was different.

In the case of Plaintiff C, D, H, M, P, andY, according to a sales contract agreement.

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