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(영문) 수원지방법원안양지원 2019.02.14 2016가합102707
손해배상 청구
Text

1. As to Defendant C, KRW 51,824,714 among the instant lawsuits by the Plaintiff and KRW 25,912,357 among the instant lawsuits, Defendant C shall be punished.

Reasons

1. Basic facts

A. Defendant D and E, F, G, H, I, J, K, L, and M refer to the said forest land regardless of whether it is before or after the division or land category change as seen below (hereinafter “the instant forest land”). After that, the instant forest land was converted into an O forest land 3,394 square meters on December 2, 2013, and was divided into KRW 708 square meters and P forest 2,686 square meters on December 4, 2013. The land category of the said O and P forest was changed to each site on November 21, 2014. After the division, the land category of the said land was changed to 3,386 square meters. After the division and land category change, the instant forest land was purchased under each of the instant forest land 10/100 on the date the land category was changed to 10/10 on the date the ownership transfer was completed, and each of the instant forest land was purchased under each of the instant forest land 10/10 on the date the land classification was completed.

B. After that, Defendant C’s shares in the instant forest and land, Q acquired L’s shares, J, M’s shares, and R’s shares, thereby holding the Defendants and E, F, G, H, R, and K’s shares 1/10 shares in the instant forest and land, and Q owned 2/10 shares in the instant forest and land, respectively.

(hereinafter referred to as “instant equity right holders”) eight persons excluding K among the said equity right holders.

On May 31, 2013, the instant equity right holders entered into a contract with S Co., Ltd. (hereinafter “S”) to contract for multi-household housing with 16 households in total (hereinafter “instant building”) on the instant site for construction cost of KRW 1,600,000,000.

K sold 1/10 shares of the instant forest to T on August 29, 2013, and completed the registration of ownership transfer with respect to 1/2 shares of the instant forest on September 4, 2013, and J completed the registration of ownership transfer with respect to Q on September 12, 2013.

On December 10, 2013, V, U representative director of S, purchased X 11mm2 from W to W, Mayang-gu, Mayang-gu, X 11m2, an access road to the instant land. On January 15, 2014, T purchases 1/10 shares in the instant forest land.

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