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(영문) 서울고등법원 2016.12.08 2015나2035902
손해배상 등
Text

1. The plaintiffs' appeals against Defendant C and all appeals against Defendant D are dismissed.

2...

Reasons

1. Basic facts

A. Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) is a corporation with the objective of real estate investment business, etc., and Plaintiff B is the auditor of Plaintiff Co., Ltd., and Defendant clan is a clan with the objective of promoting the friendship of members of the clan and its descendants, who are four descendants of FF.

B. On July 29, 2008, the Plaintiffs concluded a sales contract with Defendant D, who referred to as the president and the secretary of the Defendant clan, and Defendant D and the Co-Defendant E of the first instance trial (hereinafter “E”), respectively, to purchase KRW 26,144 square meters of land for the wife population H 26,144 square meters (hereinafter “instant land”) from the Defendant clan when he/she owns it.

(hereinafter “instant primary contract”). C.

Defendant D and E received from the Plaintiffs a receipt from each of the Plaintiffs on July 29, 2008, as the down payment for the instant primary contract, KRW 200 million on July 30, 2008, KRW 100 million on July 30, 2008, and KRW 100 million on November 24, 2008.

On March 17, 2009, the plaintiffs provided the defendant clan with the content of "this case's first contract is concluded at will with the defendant D without the resolution of the legitimate general meeting of the defendant clan, and null and void" and they finally disputed the validity of the first contract between the defendant clan and the defendant clan. At the same time, on August 25, 2009, the plaintiff company, K et al. concluded a sales contract with the defendant clan to purchase the land of this case in KRW 2.5 billion.

(hereinafter “the second contract of this case”). E.

After that, on November 6, 2009, the plaintiff company and the defendant clan prepared an agreement with the following contents, such as not disputing the validity of the first and second contracts of this case.

(hereinafter referred to as “instant agreement”). Agreements

1. The land of the defendant clan on August 25, 2009

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