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(영문) 서울중앙지방법원 2019.07.19 2019가합41414
손해배상(기)
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

Facts of recognition

A. On September 23, 2003, the Plaintiff, Defendant C and D, E, F, and G concluded an investment agreement that is to be developed after jointly investing and purchasing the H-party land in the name of “Gneung Lodging Lodging Facility Site Purchase and Development Project”, Defendant B Co., Ltd. (Representative C) as the project undertaker of the said project, and that is to be developed after purchasing the H-party land in Gangnam-si.

The investment agreement concluded at the time shall be as shown in the attached Form.

B. Since then, the remaining investors except the Plaintiff and Defendant C did not enter into the said investment agreement, and the Plaintiff and Defendant C acquired the remaining investors’ stocks and the provisional deposit claims, thereby holding 50% shares of the Defendant B Co., Ltd., respectively.

Finally, according to the instant investment agreement, the Plaintiff and Defendant C decided to make an investment of KRW 2 billion in total, each of which was KRW 1 billion, and among them, KRW 500 million was the share purchase price to Defendant B Co., Ltd., and the remainder of KRW 1.5 billion was the purchase of land of KRW 1.5 billion in Gangnam-si.

(hereinafter referred to as the “instant investment agreement” in combination with the investment agreement around September 23, 2003 and the revised investment agreement between the Plaintiff and the Defendant C.

Since then, according to the above investment agreement, around 2003, the registration of ownership transfer of the land in Gangnam-si H (hereinafter “instant land”) as shown below was completed in the future of Defendant C and I (Defendant C’s wife).

On September 29, 2003, the title holder of the registration date for the transfer of ownership: (a) on September 29, 2003, the Defendant Chill-si K 2,369С on September 26, 2003; (b) on October 17, 2003, on November 24, 2003, the Plaintiff was divided into the 16,562 square meters of Nan Forest in Gangseo-si Co., Ltd. Yan-si on November 24, 2003 into the 5,293 square meters of land in Gangseo-si; and (c) on November 24, 2003, the 000 square meters of land above 6,744 square meters of O forest in Gangseo-si on April 7, 2017 into the 5,293 square meters of forest and forest, R1,451 square meters of land.

on November 24, 2003, P forest land of 3,967§³ in Gangnam-si on January 17, 2004, Qleung-si on January 3, 2003, Qle-si on January 17, 2004, I

D. Around May 17, 2012, Defendant C prepared a written confirmation with the following content to the Plaintiff.

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