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(영문) 울산지방법원 2015.06.04 2014가합853
손해배상 등
Text

1. Defendant E and farming company L Co., Ltd. are jointly owned by the Plaintiff and KRW 150,000,000 for the Plaintiff and KRW 100,000 for the Plaintiff B.

Reasons

1. Basic facts

A. The relationship between the parties 1) The Defendant Agricultural Company L Co., Ltd. (hereinafter “Defendant L”)

The purpose of the agricultural product production business, real estate sale and lease business is the company for the purpose of the above business, and the defendant K is the representative director of the above company, and the defendant F was the representative director of the above company, and the defendant I and H are the directors of the above company. 2) The defendant M Co., Ltd. (hereinafter referred to as the "Defendant M") is the company for the purpose of real estate lease and development business, and the defendant G is the representative director of the above company, and the defendant H is the company director

3) Defendant G and K are marital relations, and Defendant I is the father and wife of the said Defendants. Defendant I owned 10 lots of land 10 square meters (total 239,439 square meters; hereinafter “instant land”) in Ulsan-gun, P through Q, R, T, U, and V (total 239,439 square meters; hereinafter “instant land”).

2) On December 27, 2006, Defendant L purchased the instant land from the W Saemaeul Association, and completed the registration of ownership transfer on December 29, 2006. The registration of ownership transfer was completed on the instant land in order to secure 2.5 billion won which was not paid out of the purchase price. The maximum debt amount for the registration of the establishment of a neighboring community center was set at the amount calculated as KRW 100,000 per ordinary day by converting the size of each land into the size of each land. C. The application for the registration of the establishment of a neighboring community center and the right to collateral security transfer 1) Defendant L did not repay the remainder of the purchase price to the W Saemaul community, and on March 3, 2008, Defendant L applied for voluntary auction of the instant land based on the said right to collateral security, and Defendant L intended to withdraw the said voluntary auction by borrowing money from X and Y.

2 Defendant L borrowed KRW 2.5 billion from X,Y, and caused X and Y to repay the above KRW 2.5 billion to the W Saemaul Association on behalf of others, and W Saemaul Association transferred the first priority right to X and Y on March 28, 2008 and completed additional registration prior to X and Y on March 28, 2008.

Plaintiffs and Defendant Lh.

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