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(영문) 서울고등법원 2018.01.19 2017나2034682
청구이의
Text

1. Of the judgment of the court of first instance, the part of the claim for objection filed by the plaintiff A and B shall be revoked.

2. The defendant's plaintiff.

Reasons

1. Basic facts

A. On November 17, 2009, the Plaintiff Company A (hereinafter “Plaintiff Company”) owned each of the real estate listed in the separate sheet (hereinafter collectively referred to as “instant land”) by no later than September 2013, 201, as a company established on November 17, 2009 to engage in general construction business, real estate development business, etc.

At the time of incorporation of the Plaintiff Company, the Defendant was the representative director, and the Plaintiff B and C acquired the Plaintiff Company from the Defendant and became the representative director or auditor.

B. The Defendant’s purchase of the instant land and joint investment agreement between the Defendant and F (1) the Defendant decided to purchase the instant land between G on October 6, 2009 and E (hereinafter “E”) and KRW 1 billion in the purchase price.

(2) At the time of the conclusion of the above sales contract, the parties to the above sales contract entered into a sales contract with F, the representative director of F, and the Defendant jointly pay the purchaser the purchase price as three persons, the sales price of which is KRW 1.7 billion, and the intermediate payment of KRW 700 million on the date of the contract, and the intermediate payment of KRW 700 million is paid until October 29, 2009, and the remainder of KRW 700 million is paid until December 22, 2009, respectively, and the sales contract (Evidence 5-1), the purchaser is the company, the joint name of the Plaintiff, and the joint name of the Defendant, and the purchase price is KRW 1.0 billion on the date of the contract deposit, and the purchase price is KRW 870 million on the date of the contract deposit, and the balance between KRW 270 million and KRW 500 million on the intermediate payment of KRW 1.7 billion on the basis of each of the above sales contract (the remainder of KRW 1.700 billion on October 29, 20009.

3 The defendant paid the down payment of KRW 300 million to G of the first seller on November 11, 2009, and KRW 540 million out of KRW 700 million of the intermediate payment of real estate on November 11, 2009.

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