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(영문) 서울고등법원 2018.06.21 2017나19434
손해배상 등
Text

1. The plaintiffs added by this court are entitled to preliminary claims for restitution based on obligee subrogation.

Reasons

1. Basic facts

A. On October 17, 2008, G entered into an agreement with the Defendant (hereinafter “instant trade agreement”) on the condition that the land (hereinafter “instant land”) on two lots, including Hongcheon-gun E-gun, Hongcheon-gun, and Seocheon-gun, which was purchased to develop a golf course, shall be purchased at KRW 15 billion; however, at the time of entering into a contract, KRW 5 billion shall be paid as down payment and intermediate payment; and the remainder KRW 10 billion shall be paid at the time of the completion of the authorization and permission of the instant golf course (hereinafter “instant golf course”) by transferring the name thereof and paying it to the Defendant at the same time (hereinafter “instant trade agreement”).

B. On the date of the instant trade agreement, G paid 3 billion won as part of the down payment and intermediate payment to the Defendant. On October 17, 2008, G received money from the Plaintiffs (Plaintiff A2 billion won, Plaintiff B250 million won, Plaintiff C750 million won, and Plaintiff C) on the day of the instant trade agreement, which was on October 17, 2008, on the day of the instant trade agreement. The Plaintiff’s money was paid to the Defendant via G, as the legal team staff of the J group to which the Plaintiff A belongs.

C. After that, on November 10, 2008, the Defendant converted the instant golf course into a joint representative director system to facilitate the instant golf course licensing business. G was appointed as the Defendant’s joint representative director with the existing representative director F on November 10, 2008, and the relevant registration was completed on November 14, 2008.

G As of January 5, 2009, with the plaintiffs on the part of the joint representative director, on the part of the defendant without the F's consent, "in the event that the plaintiffs make joint investments in the membership golf course business with the land managed by the defendant and G as the project site, the project fund shall be KRW 15 billion, and the land in this case shall be developed as the site for the golf course, and the business profit shall be distributed as the site for the golf course, but the funds shall be borne by the plaintiff A by 40%, the defendant and the G, 40%, 5%, and 15%, respectively.

Defendant and G are responsible for the instant land and are membership golf clubs.

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