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(영문) 대구고등법원 2018.02.07 2015나23544
계약금 등 반환 청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The primary claims of plaintiffs AO and AP expanded by this Court, and this.

Reasons

Basic Facts

On May 31, 2011, Defendant BS purchased Daegu Dong-gu CB large 14345.7 square meters from Espool Lease Co., Ltd. and completed the registration of ownership transfer on November 11, 201, and completed the registration of ownership transfer on November 21, 201, Defendant BS divided the said site into Daegu Dong-gu CB,CC, or CD.

Defendant BS sells part of the above partitioned land at around that time as the following table, and completed the registration of ownership transfer on November 25, 201.

Defendant BWCH Co., Ltd. (hereinafter “Defendant Co., Ltd.”) was established on September 22, 201 for the purpose of sales agency business, real estate leasing business, medical manufacturing and sales business, etc., and Defendant BP is a company established on September 22, 201, and Defendant BP serves as the representative director, and Defendant BP serves as an internal director, respectively. The former trade name was “CK,” but the trade name was changed as of February 6, 2014, as of February 6, 2014; and the name was changed as of February 6, 2014.

With regard to the Defendants in subsection (a) and each of their own lands to be newly constructed on their own land (hereinafter “each of the instant commercial buildings”), the Defendant Company entered into a project management agreement with each of the following with the Defendants: (a) the Defendant Company’s business district establishment, project loan implementation, project approval, etc.; (b) the sales-related affairs; and (c) advertising-related affairs; and (d) the remaining Defendants paid the cost of KRW 3.88 billion and the fee of KRW 76 billion in return for the said affairs.

The remaining Defendants, except Defendant BV, BU, and BF land 3, Defendant BV, BF land 4 Defendant BWCH land 5 Defendant BS, BPE land 6 Defendant BY, BY, BY, and BX CD land, are owned by each of their respective trademarks.

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