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(영문) 서울서부지방법원 2015.10.02 2014가합6961

투자금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendants agreed to jointly invest the real estate in September 2009, and purchased the 2nd real estate listed in the separate sheet (hereinafter “D”) for KRW 300 million.

The title of ownership of the instant DaDD was referred to Defendant B’s reference by agreement between the parties, and Defendant B is currently the title of ownership of the instant DoDD upon the death of Party E.

B. Of KRW 300,000,000,000,000 for the purchase price of 120,000,000 won for the instant Do Lending was paid by the Plaintiff, respectively, by the Defendants, and the remaining KRW 60,000,000 for the instant Do Lending was paid to the Plaintiff as the amount loaned by E-mortgage.

C. On January 201, the Plaintiff and the Defendants agreed to jointly invest in real estate and purchased the first real estate listed in the separate sheet (hereinafter “F apartment”) in the purchase of KRW 840 million (20 million among them).

According to the agreement between the parties, the registration of ownership transfer was made under Defendant C’s sole name with respect to the instant F apartment.

The Plaintiff paid KRW 110 million out of the purchase price of the instant F Apartment KRW 840 million, and the remainder KRW 310 million was paid by the Defendants.

On the other hand, as to the instant F apartment, Defendant C paid KRW 480,000,000, which was loaned by establishing a collateral security right, as the purchase price.

E. The Dogra’s market price in the instant case is KRW 290 million. The instant F apartment is currently used by the Defendants, who are married couple, as a residential space, and the market price is KRW 760 million.

(2) Each of the entries and arguments in the evidence Nos. 1 through 8 (including each of the numbers), and the purport of the whole pleadings, in the event of the name of the instant Dogra and the instant F apartment as well as the instant F apartment.

2. Determination:

A. The plaintiff's assertion and the defendants' each of the above investment agreements (hereinafter "the above investment agreements") are each of the instant cases.