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(영문) 수원지방법원 평택지원 2017.02.15 2016가합327
산지전용허가명의변경청구
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. Facts of recognition;

A. 1) The progress of the real estate development project is as follows: Defendant C1/2 shares, Defendant B 306/32926 shares, Defendant D645/32926 shares, F6 shares, and P612/32926 shares, which are owned by the Defendants and F, and is divided into KRW 16,463 square meters of forest land in Pyeongtaek-si (hereinafter “real estate before division”).

(2) On May 25, 2007, Defendant D entered into a real estate service agreement that guarantees that Defendant D, B, and F shall develop and sell the real estate as the site before subdivision and pay KRW 1.5 billion to Defendant B and F as the profit dividends for the land joint development project, along with the fact that Defendant D, a director of the Company I (hereinafter “I”) agreed to undertake the development project for the real estate before subdivision (hereinafter “instant development site and the instant development project”), and that Defendant B and F, on August 2006, the I would develop and sell the real estate as the site before subdivision and pay KRW 1.5 billion to Defendant D, B, and F as the profit dividends 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 on the following terms: “Around July 31, 2007, Defendant C shall determine the shares of Defendant C (1/2) in the real estate and Pyeongtaek-si E forest before the split-off as total of 2.2 billion won; I shall develop and sell real estate; Defendant C shall complete the registration of ownership transfer to the purchaser at I’s request; and J shall be jointly and severally liable with I. As I and J did not pay the intermediate payment under the above agreement at once, Defendant C shall not pay the intermediate payment as stipulated in the said agreement with I and J on June 13, 2007; and Defendant C shall be issued documents necessary for the development demanded by I and J by July 31, 2007; Defendant C shall be granted the remainder of the money to be developed as a security of 3.7 billion won (the remainder of the money to be developed by Defendant C shall be paid as KRW 1.470 million to the debtor and J.

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