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(영문) 서울중앙지방법원 2012.11.02 2011가합44387
위약금 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) A project to create a culture and arts tourism complex including leisure and recreation facilities, sports facilities, artists village, etc. on the ground of the land (a total area of 908,643.58 square meters) of 104 plot of land owned by the Defendant in Namyang-si, Namyang-si (hereinafter “instant project”).

D Co., Ltd. (hereinafter “D”) on September 17, 2008

(2) On May 11, 2009, the Defendant sold the above real estate at KRW 50 billion to D on the same day. D, for the purpose of securing purchase price on the same day, extended 14 billion from a joint stock company, a private mutual savings bank, a private mutual savings bank, Pyeongtaek Mutual Savings Bank, a joint stock company, or Scar Mutual Savings Bank (hereinafter referred to as the above four mutual savings banks) to the Defendant and paid the Defendant a loan of KRW 14 billion to the Defendant. In order to secure loan obligations, on May 18, 2009, one Pol Trust Co., Ltd. (hereinafter referred to as the “Daol Trust”) was changed into a trade name as of April 2, 2010, and the first beneficiary was designated as the lender and the debtor, and each of the above real estate trust agreements (hereinafter referred to as the “Baol Trust”) concluded with each of the above real estate trust agreements with each of the above real estate trust agreements as the first beneficiary and each of the aforementioned real estate trust agreements as the collateral trust agreements with each of this case.

On the same day, the defendant completed the registration of transfer of ownership in the name of Daol Trust with respect to each land and E-ground building listed in the attached Table 1.

(b)the Defendant, including the conclusion of joint venture agreements and the establishment of a special purpose corporation;

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