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(영문) 수원지방법원 2019.10.17 2018가합15270
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On July 21, 1990, Defendant D obtained a construction permit for the construction of a commercial building on the instant land in the name of G (the death on May 20, 2005) which is the owner of G (the owner of the instant land) who is the owner of Suwon-si F and 7,71 square meters (hereinafter “instant land”) from Suwon-si, Suwon-si, Suwon-si. Defendant D transferred the right under the said construction permit to H Co., Ltd. (hereinafter “H”) established by himself on September 7, 1990, and completed the report on the change of the owner’s name to H.

B. On September 27, 1990, H entered into a contract for the construction of the instant building (hereinafter “instant construction”) with I Co., Ltd. (hereinafter “J”) without distinction between the two parties; hereinafter “J”).

The J abandoned the instant construction work on December 18, 192, while performing the basic civil engineering work such as the tampering construction work and the soil tampering construction work through subcontractor companies.

C. Since then, on July 24, 2001, the ownership and the building permit of the instant building were transferred to N Co., Ltd. (hereinafter “N”) on July 24, 2001 through K Co., Ltd., Ltd., Ltd. (hereinafter “O”) without distinction.

N while continuing the construction, the construction was suspended at the stage of the construction work on July 2003 up to the 10th above ground. D.

N was sentenced on May 16, 2005 by this Court to 2004Hahap3.

E. Meanwhile, on May 13, 2005, Defendant D concluded a sales contract (hereinafter “instant sales contract”) with the content that (i) the P Co., Ltd. (hereinafter “P”), the representative director of Defendant E, was changed to Q Co., Ltd., and (ii) the seller G and buyer, to sell the 11 parcel of land including the instant parcel of land at KRW 3 billion (hereinafter “P sales contract”).

The sales contract of this case.

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