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(영문) 대구고등법원 2020.01.17 2018나23460
반환금
Text

1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and the Plaintiff’s revocation part shall be the Defendants.

Reasons

Basic Facts

The plaintiff is a company that has conducted the E Industrial Complex Development Project (hereinafter referred to as the "Industrial Complex of this case") at the AE Ri (hereinafter referred to as the "AE Ri") at the time of racing.

Defendant B (hereinafter “Defendant B”) is a company that entered into a technical service contract for the creation of the industrial complex (hereinafter “instant service contract”) with the Plaintiff, and Defendant C is a person who served as the representative director of Defendant B at the time of entering into the instant service contract.

Q is the Plaintiff’s internal director, who is the Plaintiff’s representative director W.

A Co., Ltd. (hereinafter referred to as “O”) is a company that owns part of the land to be incorporated into the industrial complex of this case and operates a golf course in contact with the land to be incorporated into the industrial complex of this case.

Around April 12, 1995, the following: (a) around April 12, 1995,O purchased part of the area of 76,760 square meters and 356,826 square meters of the land before the subdivision from T and U; and (b) among the above forests, the area of the purchase portion was 79,664 square meters in total.

T and U sold W, through Q on July 27, 2003, 76,760 square meters of S forest land before subdivision to W and X in KRW 1.3 billion. While W and X received only KRW 400 million of the purchase price, W and X completed the registration of ownership transfer on the entire forest land to W and X on February 7, 2004.

T and U sold R forest land to Q in approximately KRW 1.4 billion before division on July 2006, and around that time the registration of ownership transfer was completed to Q Q.

The R forest land before subdivision was divided into R or V from February 1, 2006 to April 4, 2008, and the forest land before subdivision was divided into S and AF on April 21, 2008.

After partition, part of the land purchased by the O from T and U was included in part of S, AG or V, I, K, L, and M.

on May 19, 2008, T and U filed a lawsuit claiming ownership transfer registration of forest land in the above purchased part against T and U (T) and rendered a favorable judgment. The above judgment is the Daegu High Court in the appellate trial.

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