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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
Basic Facts
1) C, while serving in D agricultural cooperatives, establishes a company by investing KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000
(2) A business that creates a hospital complex by purchasing it and leasing it to a hospital or a pharmacy (hereinafter “instant business”).
(2) The representative director G of the Plaintiff established for the purpose of wholesale and retail business of medicine, etc. was to hear the contents of the instant project planned by C and E from a third party and to meet C and E, with C and E.
G Reviewing the explanation of the instant project from H, the instant project is being carried out immediately as planned, and the prospect of pharmacy operation in the instant building is anticipated to clarify, and on January 12, 2012, H does not state that the lessor himself/herself is the lessor’s agent’s contract.
As a lessee, the Plaintiff entered into a provisional contract for the amount of 30 square meters in the pharmacy commercial building among the instant building (hereinafter “the instant provisional contract”) and paid KRW 30 million in the provisional contract amount.
3) Upon confirmation of the fact that the instant provisional contract was concluded by C and E, the Plaintiff explained to C and E that “the ownership of the instant building shall be transferred within the due date, and the interior works shall be completed, and the hospital operation shall be commenced in the instant building.” On January 27, 2012, C and E entered into a contract for the purchase of the instant building with the owner of the instant building, and paid the balance of the sales of the instant building by March 27, 2012.
2 C received 220 million won as part of retirement allowances from D Agricultural Cooperatives on February 24, 2012 from D Agricultural Cooperatives, but did not invest retirement allowances in the instant business, and was the head around February 27, 2012, the Defendant, who was the head on February 27, 2012, is only 1345 million among them.