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(영문) 서울중앙지방법원 2019.11.29 2019가합516963
기타(금전)
Text

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

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

Reasons

1. Facts of recognition;

A. Defendant D’s land sale and transfer of business rights to Defendant D’s F Co., Ltd. (hereinafter “F”) on March 6, 2015

(2) On September 4, 2015, Defendant D sold KRW 1258,88,800,000 to the Seo-gu Daejeon Special Metropolitan City (hereinafter “instant building”) for KRW 3 billion.2) On the land described in F and paragraph (1) above, and on the above land, neighborhood shops and parking buildings on the above land (hereinafter “instant building”).

(B) Around May 2016, Defendant D and Defendant C Co., Ltd (hereinafter “Defendant C”) entered into a comprehensive transfer contract with land and business rights to transfer the business to F. B. The conclusion of a real estate security trust contract, etc. by Defendant D and C Co., Ltd. (hereinafter “Defendant C”)

A. (1) The real estate security trust agreement was concluded for the trust of the land described in paragraph (1) to Defendant C. (2) Defendant D, C, etc. on the same day.

A. As to the project set forth in paragraph (2), Defendant C entered into a business agreement and an agency agreement with the Defendants to manage funds for the sales price. (c) Defendants and F, and H, who entered into an agreement with the Defendants on the part payment loan of intermediate payments, and F, and H Co., Ltd. on May 31, 2016 for the intermediate payment loan to the seller of the instant building sales contract (hereinafter “Defendant E”).

(D) On July 22, 2016, Plaintiff A and F concluded a sales contract with Plaintiff A to purchase the instant building I at KRW 1.671 million.

2) On August 25, 2016, Plaintiff B and F entered into a sales contract with Plaintiff B to purchase the instant building J at the price of KRW 575 million (hereinafter the aforementioned sales contract and the sales contract referred to in paragraphs (1) and (2) together with the sales contract referred to in paragraphs (1) and (2).

(e) On August 4, 2016, Plaintiff A and Defendant E entered into a loan transaction agreement with the Plaintiffs and Defendant E to obtain a loan of KRW 500 million with a non-housing mid-to-house loan.

2 Plaintiff B and Defendant E shall be the Plaintiff on August 4, 2016.

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