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(영문) 서울고등법원 2015.07.09 2014나36766
손해배상
Text

1. The plaintiffs' appeal and the defendant H's appeal are all dismissed.

2. Of the appeal cost, between the Plaintiffs and Defendant E.

Reasons

1. Basic facts

A. Defendant E is a party’s status and the merger and division of land. (1) Defendant E is the “instant land” in total of 37,410 square meters and 1,962 square meters of K forest and field (hereinafter “two parcels”).

Co-defendant F of the first instance trial (hereinafter referred to as “F”)

(2) On May 4, 2010, Co-defendant G was incorporated on April 27, 2010 as a corporation engaged in the sale and purchase of real estate, the sale of real estate, the sale of housing units, and the sale of housing units. Co-defendant G was a F’s director, and Co-defendant G was merged into 39,372 square meters of land in the wife population J. J. 39,372 square meters on May 4, 2010. On May 20, 2010, part of the instant land was divided into 1,310 square meters of land in the instant case and 591 square meters of land in the instant case, and part of the instant land was divided into 9,920 square meters of land in U.S. on June 30, 2010, 200 parts of U.S. land divided into 9,920 square meters in the forest, forest, and forest and forest 96,2960 square meters in the instant land.

(B) As to the land divided from the instant land, “X refers to the parcel number.” B.

Defendant E and F entered into a sales contract between Defendant E and F on April 20, 2010: Provided, That at the time of establishment of F, Defendant E entered “I and one other (corporation)” in the buyer column. Between Defendant E and B, selling the instant land owned by Defendant E to F for KRW 1.6 billion in the purchase price (hereinafter “instant sales contract”).

A) The sales contract of this case entered into. The remainder KRW 1.5 billion was paid in the order of June 10, 2010; July 10, 2010; and August 10, 2010; however, Defendant E agreed to allow F to complete the registration of ownership transfer on a part of the land divided into F at the same time as the payment of each balance was made. Defendant E entered into the sales contract of this case with F, “the seller at the time of entering into the sales contract of this case” is the sale under the sales contract of this case to the said buyer.

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