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(영문) 울산지방법원 2016.12.28 2016가합20738
손해배상(기)
Text

1. Defendant D and E jointly share KRW 600,000,000 to the Plaintiff and Defendant D with respect thereto from March 2, 2011, and Defendant E.

Reasons

In fact, around 207, 9 including Defendant B, etc. purchased approximately 8,760 square meters of forests and fields in the Si-si, Si, G, and G (hereinafter “instant real estate”) in approximately 8,760 square meters and carried out a real estate development project (hereinafter “instant development project”) which is developed as a site for electric source housing.

The court: (a) No. 3-1 of the evidence No. 3; (b) Defendant B, etc., nine persons, including Defendant B, etc., who operated the real estate office, bear the land purchase cost, development cost, etc. required for the instant development project; and (c) concluded a partnership agreement with H, etc. with the content that H, etc. will carry out all the affairs such as design, permission, civil engineering works, sale in lots, etc.; (d) in the course of implementing the instant development project, however, there was a problem with H, etc.; and accordingly, Defendant C acquired the instant development project business license (hereinafter “instant project license”) from the above H around January 209.

At the time of the above transfer, Defendant C and Defendant B, etc. completed the registration of ownership transfer for the instant development project in the name of Defendant C’s wife on January 28, 2009 for the instant development project and completed the registration of ownership transfer under the name of Defendant C’s wife, and for the civil engineering work of the instant real estate, construction permission should be obtained. As for the relation that only two parcels per capita are permitted on February 9, 2009, not only the above I but also the actual owners of the instant real estate, the registration of ownership transfer for co-ownership was completed in the name of Defendant B and three other persons.

Upon completion of the instant development project, Defendant C entered into a partnership agreement with the content that Defendant C should transfer the site of electric power resource to nine persons, including Defendant B, as their own investment shares, and Defendant C should be entitled to transfer some of the instant real estate shares.

The court's significant facts, Gap evidence 10, Eul evidence 3-1, and defendant C acquired the development project of this case and carried out the construction project of this case with a fair rate of 90%, but it did not pay interest on the loan without properly selling it.

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