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(영문) 창원지방법원 2020.12.03 2019가합54514
채무부존재확인
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

A. In order to construct a new factory, the Defendant purchased from F on June 17, 2016 the price of KRW 8806 square meters of land C, 385 square meters of land D, and KRW 385 million of land in Kimhae-si, Kimhae-si, and KRW 3.158 million of land. On July 29, 2016, the Defendant completed the registration of ownership transfer on July 29, 2016. ② on December 9, 2016, the Defendant purchased the land of KRW 159 square meters before Kimhae-si, Kimhae-si, with KRW 8 million of land price and completed the registration of ownership transfer on

(hereinafter referred to as "each of the above lands shall be indicated only as a parcel number).

On June 23, 2016, the Defendant: (a) concluded the instant contract on June 23, 2016 with H Co., Ltd., the representative director of which was H Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd”); (b) the instant land subject to construction was land C and D; but (c) the Defendant purchased the said E land from G on July 29, 2016, and concluded that the said E land would also be included in the construction site. The construction work that was built into the factory site B (hereinafter referred to as “instant construction”) was contracted by setting the construction cost of KRW 88 billion, the construction period from June 27, 2016 to December 30, 2016.

(hereinafter “instant contract”). Afterward, the Defendant and Nonparty Company changed the construction period from June 27, 2016 to March 26, 2017 on December 30, 2016, and subsequently, changed the construction period from March 27, 2017 to March 26, 2017. On March 27, 2017, the construction period of KRW 99 billion and the construction period from June 27, 2016 to April 29, 2017.

C. Meanwhile, on January 6, 2017, C was divided into 5820 square meters of C and 5820 square meters of land, 330 square meters of land for I, and 2581 square meters of J forest (hereinafter referred to as “C land after division”), and the Defendant, on October 19, 2016, sold the said I land to K Co., Ltd. (hereinafter referred to as “K”), and completed the registration of transfer of ownership on March 31, 2017, and (2) on July 28, 2016, the said J land was entered in the sale contract (No. 3) with L, who is the Plaintiff’s model, as the purchase price of the said land as KRW 1.2 billion on July 28, 2016, but the actual purchase price is KRW 1.27 billion on July 28, 2016.

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