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(영문) 대전고등법원 2017.02.16 2016나11910
기타(금전)
Text

1. All appeals by the plaintiffs against defendant C and appeals by defendant D and E are dismissed.

2...

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1 to 5, Eul evidence 2, 3, 7, and 9, the first instance court witness G, and I's testimony and arguments. A.

The relationship 1) Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”)

) The gas stations located in the Northern-gu, Seoan-gu, Seocheon-si (hereinafter “instant gas stations”).

The company is a company that engages in wholesale and retail business of petroleum products. The shares issued by the Defendant company are 5,000 shares, and the register of shareholders of the Defendant company is listed respectively as Plaintiff A 1,250 shares and Plaintiff B 1,500 shares. 2) Defendant C and E are married.

G is a person who has built gas stations after receiving investment from investors and selling them. G also constructed gas stations in this case.

B. On February 19, 2009, Defendant C entered into the first sale contract of this case and its later lapse 1) each of the real estate listed in the separate sheet, which is the site and building of the gas station of this case, between the Defendant Company and the Defendant Company (hereinafter “instant real estate”).

(2) A real estate sales contract (hereinafter “the first sales contract of this case”) to purchase KRW 2.22 billion (the contract amount of KRW 250 million shall be paid on the date of the contract, the intermediate payment of KRW 440 million shall be paid on May 30, 2009; the remainder of KRW 420 million shall be paid on August 19, 2009; and the remainder of KRW 1.110 million shall be paid on August 19, 2009; and the remainder of KRW 1.11 billion shall be paid on a loan owed by the Defendant Company to a financial institution by succeeding to Defendant C) to purchase KRW 1.1 billion (hereinafter “the first sales contract of this case”).

(2) The sales contract of this case contains the following special terms and conditions:

[Matters of Special Agreement]

1. The buyer has succeeded to the full amount of 1,10,000,000 won of loans that the seller owes to the foreign exchange bank and has been implementing gold 1,50,000,000 won additional loans from the National Bank (or one Financial Zone Bank) around five months, and redeems the full amount of existing succeeded foreign exchange bank loans and executes additional loans on the same day.

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