(영문) 서울고등법원 2019.02.01 2018재나20361

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(영문) 서울고등법원 2019.02.01 2018재나20361

산지전용허가명의변경청구 외 1건

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1. All of the plaintiff's petition for retrial is dismissed.

2. The plaintiff shall bear the costs of retrial.

purport, purport, ..

Reasons

1. The following facts are acknowledged according to the summary of the instant case’s records (a written judgment, a certified copy of the real estate register, etc.):

[1] Defendant D is the third degree of relationship with Defendant C, and is the same as that of Defendant B.

The Defendants and F shared (Defendant C 1/2, Defendant B 306/32926 shares, Defendant D 6545/32926 shares, F6 shares, and F 6612/32926 shares) were divided into H or K on May 26, 2008 into nine parcels of land, including 10,289 square meters of H forests and fields, prior to the division.

[2] Around August 2006, Defendant D entered into a real estate service agreement with J, a director of the Company I (hereinafter “I”), stating that the instant development site and the instant development project shall be carried out for the real estate, etc. before division (hereinafter “instant development project”), and that Defendant B and F shall develop and sell the real estate before division into a housing site, and that Defendant D, B and F shall pay KRW 1.5 billion to Defendant D, B, and F the amount of profit for the joint development project.

Defendant B and F delegated all of the shares of real estate before the split-off to Defendant D.

[3] Around September 4, 2006, Defendant C entered into an agreement with I and J that “Defendant C’s share (1/2) of the real estate and Pyeongtaek-si E forest before the split-off shall be KRW 2.2 billion and sold to I, and I shall develop and sell real estate, and Defendant C shall complete the registration of ownership transfer to a person who was sold at the request of I, and J shall be jointly and severally liable with I.”

As I and J did not pay the intermediate payment under the above arrangement from time to time, the defendant C prepared an agreement between I and J on June 13, 2007 that "if I and J pay the part payment to the defendant C by July 31, 2007, the defendant C shall issue documents necessary for development as required by I and J, if I and J completely pay the part payment of KRW 1.1 billion to the defendant C by July 31, 2007."

[4] The J is a financial crisis while developing the instant development site.

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