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(영문) 서울중앙지방법원 2018.01.24 2017가합500681
기타(금전)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

The Plaintiff Company A (hereinafter “Plaintiff Company”) is a corporation established for the purpose of real estate development business, etc.

Plaintiff

B is a person who served as the representative director of the Plaintiff Company from April 19, 2010 to April 19, 2016, and the spouse of D who is currently the representative director of the Plaintiff Company.

On April 1, 2013, the Defendant introduced D and high school windows to purchase the land owned by the Plaintiff Company E, and entered into a design contract with the Plaintiff Company as design cost of KRW 1,080,000,000, total supervision cost of KRW 650,000,000 (excluding value-added tax) with respect to the construction project of an officetel (hereinafter “instant project”) to be implemented by the Plaintiff Company and the Plaintiff Company on April 26, 2010.

Plaintiff

On April 26, 2010, the Plaintiff Company, including a land sales contract between the Company and E, purchased at KRW 698,775,000, and KRW 542,000,000, the amount of KRW 1,722,00,000, and KRW 542,000,000,000, out of KRW 86m2,000,000,000,000 and KRW 134,375,00,000 (hereinafter “instant land”) owned by E (hereinafter “instant land”) from the Defendant’s introduction of the Defendant. The Plaintiff Company paid the remainder 242,07,50,000,000, excluding the down payment of KRW 242,07,50,00 after the land transaction permission. The Plaintiff Company paid to E on the same day the same day.

After that, on May 13, 2010, Plaintiff Company and E obtained land transaction permission on the instant land on May 24, 2010, and concluded a sales contract again on September 13, 2010 by setting the purchase price of the instant land as KRW 1,722,00,000, and the due date for the remainder payment. On July 9, 2010, the Plaintiff Company is the “third land” owned by the Plaintiff Company as the “third land,” and the “the sum of the land Nos. 1, 2, and 3.”

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