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(영문) 서울중앙지방법원 2016.10.11 2015가합549033
손해배상(기)
Text

1. Defendant E Co., Ltd.: (a) KRW 2,00,000,000 for the Plaintiff and its related thereto, shall be annually from November 5, 2015 to September 6, 2016.

Reasons

1. Basic facts

A. Defendant E Co., Ltd (G Co., Ltd. changed from June 26, 2015 to its trade name as of June 26, 2015; hereinafter “Defendant Co., Ltd.”) is a company aimed at building construction business and new house sales business, etc., Defendant F is the actual representative of Defendant Co., Ltd., and the Plaintiffs would purchase I (the name was changed from JBL, and hereinafter “instant loan”).

B. 1) K, L, M, and N (hereinafter “owners”) of the instant loan 1) G, L, M, and N (hereinafter “instant loan”).

(2) On September 2, 2003, the owner of the instant loan and the Defendant Company obtained approval for the use on the land owned by the Defendant Company. At the time, the owner and the Defendant Company owned the instant loan 7 generation as owned by the owner, and the 11 household owned by the Defendant Company as payment for the construction price. On the other hand, the Defendant Company agreed to register the ownership of the entire 18 household under the name of the owner, and to complete the registration for the transfer of ownership directly to the person designated by the Defendant Company with respect to the 11 household, who is the shares of the Defendant Company. (2) On the other hand, while the construction cost of the instant loan was insufficient while the Defendant Company was performing the instant loan construction, it received a loan of KRW 1 billion from the New Bank (hereinafter “New Bank”) as security around May 2, 2003.

C. Upon entering into a sales contract, Plaintiff A, directly or on behalf of Plaintiff B and D, prepared a sales contract to the effect that the Defendant Company purchased each unit of the unit of each unit of the Defendant Company’s “title” as indicated below (hereinafter “each unit of sales contract in this case”) and the Defendant Company paid each of the following units of money:

Each contract for sale in this case contains a special agreement as listed below.

The date of payment of the purchase price (cost) by the parties to the contract.

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