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(영문) 창원지방법원 2016.08.18 2015가합69

투자금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. The plaintiff's assertion 1) The plaintiff's assertion 1 is the defendant's recommendation that Jinwon-si C Superior (hereinafter "the plaintiff's award of this case").

(2) After 104, the Plaintiff additionally purchased No. 502, 601, 602, and 603 of the instant store’s rent to the Defendant who wishes to purchase the said C store’s 114 and 115 (hereinafter “instant store”) in the process of purchasing said C store’s 502, 601, 602, and 603, and received money equivalent to the investment share out of the rent of the instant store.

3) The Plaintiff, its own owner, Nos. 102, 202, 302, 402, 502, and 602 (hereinafter “the instant marina building”) among the above-ground buildings on one parcel other than D, Changwon-si, Changwon-si, Changwon-si.

(4) Meanwhile, the Defendant, other than the Plaintiff, purchased the instant store from E and completed the registration for transfer of ownership in the name of the Defendant, after evaluating the value of KRW 560,00,000, and agreed to exchange KRW 502, 601, 602, and 603 of the instant store, which is assessed as KRW 502, 601, 602, and 603.

5) However, contrary to the agreement under the above Paragraph 1, the Defendant rescinded the investment agreement with the Defendant’s nonperformance of obligation, such as not paying the Plaintiff the money equivalent to the Plaintiff’s investment shares out of the rent of the instant store, and thus, the Plaintiff seek the return of KRW 200 million from the Defendant.

B. Defendant’s assertion 1) The Plaintiff purchased 104, 501, 601, 602, and 603 of the instant Masan Building from E, and the Defendant purchased the instant Masan Building from E by specifying the store, 203, and 204 of the instant Masan Building from E. (2) The Plaintiff purchased 300 million won of the instant Masan Building as security after completing the registration of ownership transfer to E’s Masan G. (300 million won of the instant Masan Building).

3. Accordingly, the Plaintiff’s building of this case and this.