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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 26, 2006, six representative liquidator C and the defendant et al. invested a total of KRW 50 million and established the plaintiff company for the purpose of real estate purchase, sale and management, etc., and thereafter C, the representative director, and the defendant was appointed respectively as the director, and the defendant was appointed as the representative director on September 19, 2006 and resigned on February 20, 2008.
B. A around December 2006, upon introduction of D from the Defendant, C recommended D to purchase land suitable for liquefied gas sales charging stations in order to operate the liquefied gas sales charging business in the green belt area announced by the Seongbuk-gu office.
C. On December 21, 2006, the Plaintiff Co., Ltd. concluded a sales contract to purchase the F-owned land of KRW 356 square meters and KRW 811 square meters prior to H, in the name of E and one other, for operating the said filling station business (hereinafter “instant sales contract”). On the same day, the down payment amount of KRW 100 million was paid to F.
D decided to invest the full amount of the above purchase price, and transferred KRW 300 million to the account of K, which is the form of the FJ in the fraud of C on January 10, 2007. The Plaintiff Company remitted KRW 200 million out of the above KRW 300 million to F as part of the intermediate payment of the instant purchase and sale contract, and D directly remitted the remainder KRW 280 million to F’s account on February 15, 2007.
(F) The Plaintiff Company sold the instant land to Nonparty L without completing the registration of ownership transfer under its name, and on December 28, 2007, the Plaintiff sold the said land to Nonparty L without completing the registration of ownership transfer under its name. (E)
On the other hand, M, which is the husband of C and the defendant, received investment from N, P, and Q on June 24, 2005, from N, P, and 55 million won, and purchased the right to sell the land of migrants in Daejeon-gu R, Daejeon, to dispose of the land and distribute the proceeds therefrom.