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(영문) 서울중앙지방법원 2009.12.04 2009가합52637
손해배상(기)
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Facts of recognition;

A. The progress of the instant project 1) D Co., Ltd. (hereinafter “D”).

(3) On March 26, 2003, the Plaintiff: (a) 15,353 square meters in the E miscellaneous land, F miscellaneous land; and (b) G 90 square meters in the instant land (hereinafter “instant land”).

(1) The Corporation shall build a tourist hotel and H (hereinafter “H”)

) During the process of voluntary auction on D’s land and six parcels, which were owned by D, due to the bankruptcy due to the completion of provisional construction and basic civil engineering works, and the progress of part of the 2nd floor reinforced concrete construction works underground. At the above auction procedure, I and J received a decision to permit the sale of the instant land and the structures installed on the instant land, other than 6 parcels, at the above auction procedure, on April 11, 2005, and paid the said price in full on June 8, 2005. 2) After which I and J sold the instant land and its ground structures to K Co., Ltd. (hereinafter “K”) on August 8, 2005, in sales proceeds of KRW 10,30,000,000,000,000,000,000,000,000,000 on the intermediate payment of KRW 1,30,000,005,9.205.

3) On May 4, 2006, K’s representative L L and Defendant C purchased the instant land under the name of K and newly built and sold condominiums, ancillary facilities, etc. (hereinafter “instant business”).

B. The shares are as follows: L 60% and C 40%; the profits are distributed according to the above shares; Defendant C transferred the shares to the president of K and executed all funds until the completion of the project with the approval of Defendant C. Following the change in the shares in the instant project, Defendant C and C, M, N,O made each share of 42% and 19%, 5%, 10%, 24%, and 24%. Defendant C was subject to a tax investigation with respect to the business operated before February 21, 2007. Defendant C was under a title trust with Defendant B’s shares in the name of P, and Defendant B was under a title trust with respect to the design service of the instant project from K on January 18, 2006.

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