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(영문) 서울중앙지방법원 2018.07.26 2017가단5226806

매매대금반환

Text

1. The plaintiff's primary and conjunctive claims against the defendant B shall be dismissed in all.

2. The plaintiff C.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) is a company that received fees from each of the above regional housing associations, the implementer of the apartment of the regional housing association in Seodaemun-gu Seoul Metropolitan Government (hereinafter “E apartment”) and the regional housing association in Mapo-gu Seoul Mapo-gu (hereinafter “F apartment”) and the apartment of the apartment of the Seoul Mapo-gu Seoul Metropolitan Government (hereinafter “F apartment”).

B. On August 10, 2007, D agreed with Defendant B, an attorney-at-law affiliated with Defendant C law firm, to pay 100 million won to Defendant B the principal of investment within two months, and to pay 100 million won to Defendant B the investment proceeds within six months, D issued a transfer contract with respect to E-type 33-type 2 households, F-type 33-type 2 households, and F-type 33-type 2 households as collateral for the investment proceeds. However, upon completion of payment of 100 million won to the principal of investment within two months, D decided to recover the sale right to E-type F apartment, and upon completion of payment of 100 million won of the investment proceeds within six months, Defendant B could dispose of each of the above sales rights at will if each of the above amounts is not paid within the above period.

After that, Defendant B entered into an agreement with D to make an additional investment of 100 million won on August 14, 2007, ② August 27, 2007, ③ September 4, 2007, with each of the above contents, while making an additional investment of 100 million won.

(However, in the case of an investment agreement on September 4, 2007, the profit was paid only 60 million won).

D At each time when 10 million won is invested in accordance with each of the above agreements, D shall issue to Defendant B the "contractor B and Defendant B, 33 square meters (445 million won x 2) for the F apartment house 33 square meters (i.e., KRW 500 million x KRW 52,8 million for the E-type 33 square meters (i.e., KRW 264 million x 200 million), and then make full payment for the E-type 33 square meters (i.e., KRW 264 million x 2), the change of name is possible later, and the "contract for the transfer of company shares" for the E-type 2 households and the "contract for the transfer of company shares in possession" for the F-type 2 households.