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(영문) 인천지방법원부천지원 2015.09.23 2014가합6731
계약금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The conclusion process of each sales contract for D Il-si land 1) E is the introduction of F on June 5, 2003 by G, H, and I (hereinafter “D”). The introduction of F is only the introduction of G, H, and I.

3) As to the instant land, J-road 505 square meters and K forest 16,024 square meters in total, 16,529 square meters (around 5,00 square meters, hereinafter “instant land”).

) The purchase was completed on July 24, 2003, E completed the registration of ownership transfer under its name. 2) E sold F’s share of 1,000 out of the instant land to F around that time in return for introducing the said land transaction by F.

3) Defendant C agreed to acquire from F 110,00 square shares of the above land in KRW 110,000,000, and Defendant C is limited to L Co., Ltd. (hereinafter “L”).

(4) On June 26, 2003, M borrowed the above share purchase fund from Defendant C, who is a director of the company and a real operator, and that Defendant C would take over 1,000 shares out of the instant land in lieu of the repayment of the above loan debt from F.

5) Meanwhile, between Defendant C and E on August 7, 2003, the sales contract was concluded by setting the sales amount of KRW 120,000 as to the above 1,000 shares out of the instant land, which is separate from the above 1,00 shares. Of the sales amount, KRW 30,000,000 was directly paid by M to E, and the remainder of KRW 90,000,000 was paid by Defendant C to E. (hereinafter “Defendant B”), Defendant B Co. (hereinafter “Defendant B”) purchased from E on November 20, 203 the remainder of KRW 3,00 shares, excluding the above 2,00 shares out of KRW 5,00,00.

By November 7, 2003, Defendant C, and Defendant B entered into a sales contract with F and E as to each share of 1,000 square meters and 3,000 square meters of the land of this case and paid all the purchase price. However, the above parties did not immediately complete the registration of ownership transfer as to the land of this case since the sales contract of this case was concluded for the relationship with which each share of the above land was purchased under the plan to develop the land of this case as a factory site.

(b) it;

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