logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.08.13 2014구합5492
과징금부과처분취소
Text

1. The Defendant’s imposition of a penalty surcharge of KRW 818,020 against Plaintiff E on September 27, 2013 is revoked.

2. Remaining;

Reasons

1. Details of the disposition;

A. On December 12, 2003, Plaintiff F Co., Ltd. (hereinafter “Plaintiff”) entered into a contract with G to purchase the purchase price of KRW 160 million of H 1779 square meters of forest land (hereinafter “land prior to subdivision”) from G in Sungsung-si (hereinafter “instant sales contract”) and paid the full purchase price by June 2005.

B. On January 4, 2004, the Plaintiff Company entered into a joint agreement with the Plaintiff Company to newly construct and sell a collective pentine complex or container (hereinafter “instant project”) on the 15 lots (a total of 15,496 square meters; hereinafter “instant project site”) in the eternic City with the Plaintiff A and D, with the content that the Plaintiff Company would jointly distribute profits and losses at the rate of 40%, 60%, and 40%.

C. On January 23, 2008, J, the representative director of the Plaintiff Company, entered into a contract with the Plaintiff for the sale of 15% (the pertinent size 2,326.35m2) of shares in 16 lot (the total size 15,509m2) including the land before subdivision as KRW 422,232,00. The above contract for the sale of the said 16 lot of land was accompanied by the documents to the effect that Plaintiff A, D, J, and Plaintiff E owned 33% of the above 16 lot of land, 30% of the J, and 4% of the share due to the above contract for the sale of the said 16 lot of land, and that Plaintiff A, J, and Plaintiff C changed to the ownership of each 15% share and 4% share by Plaintiff E.

Plaintiff

Around 208, the Company conducted the instant project jointly with the rest of the Plaintiffs in the instant project site. Around July 23, 2007, the Company drafted a joint agreement with the content that the Plaintiff Company would distribute the profits and losses at the ratio of 11%, 33%, 15%, 15%, 3%, and 4%, respectively.

E. Meanwhile, the land before subdivision was divided into 1,705 square meters of K forest and 179 square meters of K forest, L forest and 479 square meters of land, M forest and 19 square meters of land, N forest and 1,028 square meters of land on September 11, 2008, after the registration conversion into 1,705 square meters of K forest and 179 square meters of land on September 24, 2006, and on March 30, 2009, K forest and 179 square meters of land and L forest.

arrow