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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 October 2009, Plaintiff B entered into a partnership agreement with Defendant E with the content that Plaintiff B transferred the corporation to Defendant E and invested funds, and Defendant E would purchase and develop real estate in the name of a juristic person based on know-how on real estate development. Plaintiff B invested KRW 320,000,000 to Defendant E.
B. For the execution of the above business, on October 28, 2009, Plaintiff A changed the trade name of Defendant C Co., Ltd., the representative director, to Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”). On November 17, 2009, Defendant D, the relative of Defendant E, was registered as a shareholder and representative director, and Defendant E, as an auditor, in the corporate registry, and in substance, Defendant E operated the Defendant Co., Ltd..
C. On April 21, 2010, Plaintiff E and Plaintiff E are the money of Plaintiff A, and Defendant E and Plaintiff B are the investment funds of Plaintiffs and Plaintiff A, and they are engaged in land development projects. The Plaintiffs and Defendant E distribute profits in 1/3 each, respectively. Defendant E and Plaintiff B and Defendant Company are jointly and severally liable for the principal and interest of Plaintiff E’s investment.
In order to carry out a project under an agreement with the Plaintiffs, the Defendant Company: (a) purchased KRW 14,470 square meters (a part of which was divided into J or K; and L among this, was converted into 7,660 square meters of M forest land) of KRW 1,181,00,000 in purchase price; (b) completed the registration transfer on August 31, 2010; (c) purchased KRW 120 square meters of O from N on June 30, 2010 from 28,50,000 in purchase price and completed the registration of ownership transfer on August 27, 2010; and completed the registration of ownership transfer from P on August 12, 2010 to P on KRW 738,00 in purchase price (a part of which is divided into 210 square meters of land) and completed the registration of ownership transfer from P on August 12, 2010 to KRW 105,010.
(hereinafter referred to as “S land”)
E. Meanwhile, T Co., Ltd (hereinafter “T”) is a real estate consulting business, real estate sale and lease business established on December 23, 2010.