beta
Text
1.The judgment of the first instance, including the primary claim expanded at the trial and the ancillary claim added at the trial.
Reasons
1. Facts of recognition;
A. From October 20, 2014 to March 19, 2015, the Plaintiffs: (a) between Defendant Q Q (hereinafter “Defendant Q”) and the land supplier; (b) Defendant X Co., Ltd. (former trade name: RR & representative director S; hereinafter “Defendant X”); and (c) Defendant Q became a supplier of solar power plants; and (d) completed a solar power plant with permission for changing the form and quality of land for the construction of solar power plants on the land and solar power plants at issue, and then transferred the relevant land and solar power plant to the buyer; (b) the buyer concluded a sales contract to deposit KRW 281,000,000 per each solar power plant at the same time, depending on the progress of the construction project (hereinafter “each of the instant sales contract”).
B. From October 2014 to April 2015, the Plaintiffs remitted each of the money indicated in the column for entry in the separate sheet to Defendant X and Defendant Q’s corporate account in accordance with each of the instant sales contract and the first intermediate payment.
C. After that, Defendant X completed the registration of ownership transfer for each of 1/40 or 2/40 shares arising from sale on October 31, 2014 in the name of the Plaintiffs on the instant land on November 6, 2014.
However, Defendant Q did not at all construct solar power plants on the above land, and even until now, Defendant Q does not sell solar power plants according to each of the instant sales contracts to the Plaintiffs.
Accordingly, the Plaintiffs filed a criminal complaint against Defendant S, the representative director of Defendant Q and X, on charges of fraud. around November 19, 2014, Defendant S transferred KRW 5,000,000 in the corporate account of Defendant Q Q to the bank account of Korea for personal use, and around that time, the Plaintiffs used the money for gambling in Gangwon-gun, Gangwon-gun, Gangwon-do, Gangwon-do, and from that time until October 26, 2015.