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(영문) 부산지방법원 2016.04.22 2015나10056
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the defendant C, D, and E shall be revoked, and the plaintiff's status corresponding to the revoked part shall be revoked.

Reasons

1. Facts of recognition;

A. Defendant C is an operator of the F Co., Ltd., who develops and sells the site for the entire house.

B. Defendant C purchased land G in Busan-gun with H for the purpose of selling it as a site for electric power supply in around 2009, and completed the registration of ownership transfer in the name of H and F Co., Ltd., each one-half of shares.

C. Defendant C completed the registration of ownership transfer in the name of F Co., Ltd. on January 28, 2010 with respect to 1/2 of the shares registered under the name of F Co., Ltd., his mother, and even after the completion of the registration of ownership transfer, Defendant C continued to implement the land development project with the authority to manage and dispose of the said shares delegated by Defendant B.

On January 29, 2010, Defendant C, on behalf of Defendant B, sold to the Plaintiff 100 square meters of land of 100 square meters of 100 square meters of 100 square meters of 60 million won of 100 square meters of 45 million won of J block according to the division plan among the above land on May 3, 2010. On June 29, 2010, Defendant C sold 100 square meters of 100 square meters of K block according to the division plan among the above land on May 3, 2010 to the Plaintiff at KRW 100 square meters of land of K block, and finally sold 100 square meters of 100 square meters of land of K block and 200 million of land of K block on May 3, 201, to the Plaintiff with the remainder of 301 million won of excluding ownership transfer registration and 40 million won of the remaining land.

E. On May 11, 2010 and July 12, 2010, in preparation for a case where a refund of the purchase price is to be made, the Plaintiff was established the establishment registration of a collateral of KRW 15 million with the maximum debt amount of KRW 13488/33719 against Defendant B’s share in the L/C land located in Busan-gun, Busan-gun, with the obligee as the Plaintiff.

F. On January 27, 2010, the said G land was divided into M or N-land following M-M registration conversion. Among them, most of the land constituting I block and K block was incorporated into O forest land and 1,432 square meters, and falls under J block.

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