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(영문) 서울중앙지방법원 2012.05.08 2011가합47553

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The non-party C Co., Ltd. (hereinafter “non-party C”) is a company that vicariously executes the project of implementing each of the above regional housing associations, which is an apartment in the form of the regional housing association in Seodaemun-gu Seoul Metropolitan Government and the implementer of the apartment in the form of the Seoul Mapo-gu regional housing association.

B. The defendant on August 10, 2007; the 14th of the same month; the 27th of the same month; and the same year.

9.4. The non-party company made an investment of KRW 400 million in total, and received KRW 360,000,000,000,000 from its profits. The non-party company issued to the defendant a receipt for the sale price for each of the above apartment units, where each balance of the above D apartment units 333 square-type 8 households, and the above E E-type 33 square-type 8 households was paid in full, as a security for each of the above investment funds, and the beneficiary was a blank.

The non-party company received investments from the defendant in accordance with the above agreement.

The non-party company paid the principal amount to the defendant two months after the date of receiving the investment amount, and six months after the date of receiving the investment amount, and the non-party company returned each principal to the defendant, and at the same time returned each of the above E apartment and returned each of the above D apartment, and decided to recover the above D apartment at the same time. In the event that the principal and the profit are not returned within the deadline, the defendant allowed to dispose of

In addition, in around 2007, the non-party company issued to the defendant a document that is "E basic partner", a form of application for joining the regional housing association members of the above E apartment complex, which became the applicant's disturbance.

C. When the non-party company failed to pay the principal of investment and its profits to the defendant by the execution date of the above agreement, the defendant requested sale to the F Real Estate Research Institute of Korea in order to dispose of each of the above apartment units and sold the above E apartment units for KRW 340,000,000 to the plaintiff around April 1, 2008 as the introduction of the above research institute (the sale right No. 330,000, hereinafter "the sale right of this case") and the down payment from the plaintiff on the same day.