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(영문) 서울중앙지방법원 2019.10.18 2018가합575781
공탁금 출급청구권 확인
Text

1. E Co., Ltd.: 1,300 won out of 3,065,416,645 won deposited by the Seoul Central District Court No. 16602 on July 11, 2018.

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff is a company aimed at real estate development business, etc., and Defendant B Co., Ltd. (hereinafter “Defendant B”).

Defendant C is the major shareholder and the representative director (or in-house director) of Defendant B and the F Co., Ltd. (hereinafter “F”).

Defendant D (hereinafter “Defendant D”) is a major shareholder of Defendant D.

(2) On the other hand, G Co., Ltd. (hereinafter “G”) is a company substantially operated under the name of H’s relative, and I Co., Ltd. (hereinafter “I”) is a company substantially operated under the name of J and K’s spouse.

B. F’s L Co., Ltd. (1) L Co., Ltd. (hereinafter “instant development project”) operated by H from around 2008 to Seopopopo-si, Jeju Special Self-Governing Province (hereinafter “instant development project”).

) Each land listed in the separate sheet (hereinafter referred to as “each land of this case”) to proceed.

(2) While completing the registration of ownership transfer concerning the instant land, the instant development project promoted by H was suspended due to the cancellation of security and financial shortage, etc. of each of the instant land. (2) After that, around 2015, G, operated by H, agreed to resume the instant development project with Defendant B, which was conducted by Defendant C, and pursuant to the said project agreement, Defendant B concluded a sales contract to purchase each of the instant land at KRW 10 billion with N, who was the owner of each of the instant land as of June 5, 2015.

In addition, the Defendant C,O, and P (hereinafter collectively referred to as “Defendant C, etc.”) held 100% shares from Defendant B at a cost and completed the registration of ownership transfer with respect to each of the instant lands on March 18, 2016.

C. Change of the project undertaker of the instant development project H.

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