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(영문) 수원지방법원 2018.07.06 2016가합3259
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. The Plaintiffs, upon the introduction of the Defendants, were divided into seven parcels, including H, J, K, L, M, N, and O Forest land in Young-gun, Young-gun, Gangwon-do prior to the division owned by Nonparty G, and around June 11, 2008.

(hereinafter referred to as “land before subdivision”) agreed to jointly purchase for the purpose of investment and distribute development profits, among 50,000 square meters, and wired money to the account designated by the Defendants as a fund for purchase of the said land as follows:

Plaintiff

A total remittance amount of money transferred to the account holder on December 31, 2007, A. I (Plaintiff B’s wife) KRW 50 million on January 15, 2008, KRW 200 million on March 6, 2008, Defendant E10 million on January 15, 2008, KRW 200 million on March 6, 2008, KRW 100 million on March 6, 2008, KRW 100 million on March 6, 2008, KRW 50 million on December 31, 2007, KRW 50 million on December 31, 2007, KRW 50 million on March 15, 2008, KRW 400 million on March 18, 2008, KRW 800,000, KRW 4008,000.3 billion on March 28, 2008.

B. On December 29, 2007, Defendant F entered into a sales contract with the P on December 29, 2007, under which the seller’s G purchases KRW 50,000 of the land before subdivision at KRW 1 billion, Defendant F paid KRW 100 million on the date of the contract and the remainder KRW 900,000 on December 28, 2008 on the day of the contract, and as a special agreement, divided the ownership of land at KRW 50,000,000 as agreed in accordance with the survey result, and transferred the ownership of land at KRW

C. On February 21, 2008, Defendant F established Q Q Co., Ltd. (hereinafter “ Q Q”) with the representative director as Defendant F on February 21, 2008 in order to promote the future development of land and reduce the capital gains tax. On April 29, 2008, among the seven parcels divided from the land before subdivision, the purchase price was set at KRW 53,687, totaling four parcels, such as H, L, N,O, etc. in Young-gun, Gangwon-do (hereinafter “instant land”). On June 11, 2008, Defendant F re-established a sales contract by setting Q and sales proceeds as KRW 1.07 billion, and completed the registration of ownership transfer for the instant land on June 11, 2008.

Investment Agreements

1. The business owner is Defendant F, and F.

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