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(영문) 서울남부지방법원 2019.10.24 2019가합101411
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 September 29, 2006, Sinsi-si, E, 12,022 square meters (hereinafter “instant land”), F, F, 4,803 square meters, the Sinsi-si, intended to carry out the “G business” that constructs leisure infrastructure, tourist facilities, resting facilities, etc. (hereinafter “instant business”), and recruited investors around September 29, 2006.

B. Around December 29, 2006, H, I, J Co., Ltd. (hereinafter “J”), and K Co., Ltd. constituted a consortium for the instant project, and submitted a business plan at the beginning of that time.

Around May 30, 2007, Sinsi selected H, I, J, and K Co., Ltd. as a business operator of the instant business and entered into a basic agreement around November 29, 2007.

C. J, K, H, and L Co., Ltd. established M Co., Ltd. (hereinafter “M”) as a special purpose corporation for the instant business operation.

M entered into a concession agreement with Joi-si on June 20, 201, M decided to purchase the instant land, which is a part of the instant project site, within six months.

M entered into a sales contract on January 3, 2012 to purchase the instant land at KRW 17,732,450,000 (the contract amount shall be paid on the date of the contract, and the remainder shall be paid within 60 days from the date of the contract) and paid the down payment of KRW 1,773,245,00 at the beginning of the same day.

E. M fails to pay any balance by March 2, 2012, which is the remainder payment deadline.

M and Young Si made a business agreement with N, P, P, Q, Inc., Q, R, and S, around August 1, 2012.

The business agreement shall pay the balance at the beginning of the beginning with the loan from the Savings Bank, and shall receive the ownership of the land of this case. However, if M is unable to repay the loan by February 4, 2013, the land of this case shall be redeemed from M and the purchase price thereof shall be equivalent to the purchase price received from M.

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