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전주지방법원 2019.12.12 2018나9619

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.


1. Basic facts

A. The Defendant (1) (a) was a limited company G at the time of incorporation, and the trade name and business purpose was changed to G-based company of agricultural company on March 12, 2007, and each trade name was changed to the current trade name on April 5, 2017.

Before, before, and after, the change in trade name, “Defendant” is deemed to be “Defendant.”

On February 21, 2007, as a company established for the purpose of real estate trading business, etc., 10,000 shares at the time of its establishment were owned by 5,00 shares by Ha’s wife H and J respectively, and H assumed office by the representative director, directors, and J as directors. 2) The Defendant’s shares transferred 3,00 shares out of the shares held by J’s general meeting of members on March 12, 2007 to K, and the Defendant’s shares were changed to H5,00 shares, J 2,00 shares, K 3,00 shares, respectively.

In addition, H has resigned from the office of representative director in the general meeting of members on the same day, and K has been appointed as a new representative director.

B. 1) The details of remittance related to J are the mother of J L (Plaintiff B).

(2) On February 9, 2007, Plaintiff D remitted each of the amounts of KRW 13.5 million to J on February 28, 2007, and KRW 20 million to Plaintiff D on February 28, 2007. 2) On March 26, 2007, the amount of KRW 1.3.65 million under N on March 27, 2007, and KRW 13.65 million under N on April 6, 2007, and KRW 15 million under P name on April 6, 2007, and KRW 15 million under Q on June 11, 2007, each of the above amounts was remitted to the J on June 1, 2007, and each of the above amounts was remitted to KRW 7 million.5 million under the name of R on June 19, 207.

3) On February 9, 2007, J remitted the amount of KRW 50 million to I, and KRW 30 million, respectively, as indicated in the transaction records column. 4) J remitted the amount of KRW 60 million, totaling KRW 20 million to S Co., Ltd.’s passbook operated by I, and KRW 60 million as of February 28, 2007.

C. The Defendant purchased the instant land from W on March 15, 2007 and completed the registration of ownership transfer on April 4, 2007, and the transaction value of the instant land reported at the time is KRW 900 million.

On the other hand, the deceased L was killed on October 2, 2009, and the plaintiff B succeeded the deceased L solely.