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(영문) 부산지방법원동부지원 2015.06.30 2014가단16977
손해배상(기)
Text

1. Defendant D and E jointly and severally with the Plaintiff KRW 100,000,000, and Defendant D with respect thereto from October 6, 2014, and Defendant E.

Reasons

1. Facts of recognition;

A. Defendant C is an operator of the F Co., Ltd., who develops and sells the site for the entire house.

B. In order to develop and sell as a site for electric power resource, Defendant C purchased land G in Busan in around 2009, along with H, and completed the registration of ownership transfer in the name of H and F Co., Ltd., each one half of the shares.

C. Defendant C completed the registration of ownership transfer in the name of F Co., Ltd. on January 28, 2010 with respect to 1/2 of the shares registered under the name of F Co., Ltd., his mother, and even after the completion of the registration of ownership transfer, Defendant C continued to implement the land development project with the authority to manage and dispose of the said shares delegated by Defendant B.

On January 29, 2010, Defendant C, on behalf of Defendant B, sold to the Plaintiff 100 square meters of land of 100 square meters of 100 square meters of 100 square meters of 60 million won of 100 square meters of 45 million won of J block according to the division plan among the above land on May 3, 2010. On June 29, 2010, Defendant C sold 100 square meters of 100 square meters of K block according to the division plan among the above land on May 3, 2010 to the Plaintiff at KRW 100 square meters of land of K block, and finally sold 100 square meters of 100 square meters of land of K block and 200 million of land of K block on May 3, 201, to the Plaintiff with the remainder of 301 million won of excluding ownership transfer registration and 40 million won of the remaining land.

E. On May 11, 2010 and July 12, 2010, the Plaintiff set up two collateral security cases of Defendant B’s share in L among L land at KRW 13488/3719, the maximum debt amount of KRW 15 million and KRW 43 million.

F. On January 27, 2010, the said G land was divided into M or N land following the registration conversion into M. M. B. Among them, most of the land constituting the I block and K block were incorporated into O forest land 1,432 square meters on the division plan, and most of the land constituting J block was incorporated into P forest land 1,078 square meters.

(g) Meanwhile, land;

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