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(영문) 제주지방법원 2018.07.26 2017가합11489
기타(금전)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant’s relationship 1) On July 30, 2015, the real estate of this case is the real estate of this case between B and B (hereinafter “the instant real estate”).

(2) The business of newly constructing and selling commercial buildings and multi-family housing on its ground (hereinafter referred to as the “business of this case”) shall be the business of this case.

(2) The Plaintiff is a company established on July 5, 2016 by D, etc., the representative director of C Co., Ltd. (hereinafter “C”), and C and Eque Housing Co., Ltd. (hereinafter “C”) took over the instant real estate and the instant business from the Defendant around July 2016, and used the Plaintiff’s name.

B. On July 20, 2016, the Plaintiff, beautiful Housing, and C entered into a contract to invest KRW 600 million with the Plaintiff and beautiful Housing as a joint executor for the instant project. 2) On July 26, 2016, the Plaintiff entered into a joint investment agreement with the Plaintiff to invest 600 million initial capital (land price KRW 50 million, service cost KRW 100 million), and to secure P.F. capital and carry out the instant project.

C. On July 26, 2016, the Plaintiff entered into a real estate sales contract with the Defendant to purchase the instant real estate in KRW 1.7 billion, and on the same day (i.e., KRW 170 million (i., KRW 330 million in intermediate payment of KRW 170 million) with the Defendant on July 28, 2016, the Plaintiff entered into a contract with the Defendant for sale and purchase of real estate, including the said real estate sales contract, and transfer and takeover of comprehensive business rights (hereinafter “instant sales contract”); the price is KRW 1.7 billion in the said real estate sales contract; KRW 1.3 billion in the instant business acquisition price; KRW 1.3 billion in the cost of operating and preserving the instant real estate (= KRW 1.7 billion in the cost of KRW 1.7 billion in the cost of operating and preserving the instant real estate).

One beautiful Housing has attempted to change the name of the beautiful Housing to P.F. loan, but the name of the plaintiff is the name of the plaintiff.

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