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(영문) 서울행정법원 2019.01.10 2018구합59205
체납처분 무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a child of D and E.

In February 201, the Plaintiff and D and E held shares of F, Co., Ltd. (hereinafter “F,”) Company G (hereinafter “G”), and Plaintiff, D, E, F, and G were owned as indicated in the land list in the attached Form.

B. On February 21, 2011, the Plaintiff, D, E, F, and G (hereinafter “Plaintiff, etc.”) entered into a sales contract with F and G shares of 100% and management rights, and the instant land in a lump sum with KRW 34 billion with the Plaintiff, D, E, F, and J. (hereinafter “Plaintiff, etc.”)

(hereinafter “the initial sales contract”). Detailed details of KRW 34 billion stated in the initial sales contract are as follows:

The former part of the purchase and sale contract of L 1,411,200,000 of the F shares for redemption G 1,460,000,000 of the shares for redemption G 24,000,000 of the outstanding shares for 1,41,200,000 of the shares for the purchase and sale of the Plaintiff, D, E 2,50,000,000 of the shares for the purchase and sale of the outstanding shares for 1,628,80,000 of the previous part of the purchase and sale contract for L 1,628,80,000 of the outstanding shares for 34,00,000 of the outstanding shares for redemption G 34,00,000 of the outstanding shares for the purchase

C. I paid the down payment of KRW 4 billion on the date of the initial contract in accordance with the initial contract, but later the J, a co-contractor, failed to perform the initial contract, and I, as a single buyer on March 26, 201, concluded a contract again with the Plaintiff, etc. under the same terms and conditions as the initial contract.

Plaintiff

On March 30, 2011, I divided the subject matter of the initial sales contract into two. ① Of the subject matter of the initial sales contract, M/M land among 33 parcels of the instant land, such as H, among the subject matter of the initial sales contract, was divided into 16,53 square meters, and 57,452 square meters of the entire area were to be included in the subject matter of the second alteration contract. On April 14, 201, M/M was divided into N.

The land (the plaintiff, D, E-owned 30, F-owned 2, G-owned 9, and E-owned 25, respectively) shall be purchased from the plaintiff, D, and E for KRW 11.6 billion.

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