beta
Text
1. Revocation of a judgment of the first instance;
2. All plaintiffs' claims are dismissed.
3. The plaintiffs' total costs of litigation.
Reasons
1. Basic facts
A. The Defendant owned 58,312/1,157,470 shares in relation to the 7,796.5 square meters and G 3,778.2 square meters (hereinafter “instant land”) in Changwon-si, Changwon-si. The Defendant owned 58,312/1,157,470 shares.
B. Around August 2003, the Defendant reported the preferential purchase of the remaining shares to the Changwon District Court, a executing court, for the voluntary auction procedure for the instant land. L around that time paid approximately KRW 350 million to the above court for the bid deposit. Around May 2004, the Plaintiffs paid approximately KRW 3.26 billion of the remaining sales price in the above court.
C. After that, on May 28, 2004, the Defendant completed a share transfer registration on May 25, 2004 with respect to the Plaintiff B’s share of 58,312/1,157,470 of the instant land.
On May 31, 2004, the defendant received from all co-owners of the land of this case except the plaintiff B a share transfer registration based on a voluntary auction with respect to the share of 1,099,158/1,157,470 on the land of this case (the remaining share except the share he owned in the entire co-ownership of the land of this case) from all co-owners of the land of this case except the plaintiff B, and completed each share transfer registration on the same day to the plaintiffs on May 25, 2004.
Plaintiff
With respect to C 198,344/1,157,470 shares, with respect to the share of 396,688/1,157,470 shares to Plaintiff A, with respect to the share of 338,508/1,157,470 shares, each registration of transfer has been completed against Plaintiff D with respect to the share of 165,618/1,157,470 shares.
E. In May 2004, the Defendant discussed the issue of profit distribution through the acquisition and sale of the Plaintiff and L and the instant land and the building on its ground, and accordingly, on June 2, 2004 between the Defendant, the Plaintiff, and L, written an implementation agreement on June 2, 2004 (No. 1; hereinafter “instant implementation agreement”), and the main contents thereof are as follows.
Plaintiff A, Plaintiff B, C, and D. of the Agreement on the Implementation of Consultation.