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(영문) 수원지방법원성남지원 2020.11.17 2018가단237151

소유권이전등기

Text

Of the shares of 13,222/22,997 of F forest land in Bocheon-si, the Defendant:

A. As to the share of 20/58 to Plaintiff B and C, B.

Reasons

1. Facts of recognition;

A. G and H on March 29, 2004: (a) purchased 6,611/22,997 shares of the Jan-si J Park 22,97 square meters and completed the registration of ownership transfer; (b) on August 2, 2013, G and H were divided into 9,775 square meters of F forest land (hereinafter “instant land”); and (c) J forest 13,222 square meters of land (hereinafter “instant two land”).

B. On August 11, 2016, the Defendant: (a) purchased the instant land 1 and 2 via K Co., Ltd. (hereinafter “Nonindicted Company”); and (b) carried out the business of selling the site for pentent (hereinafter “instant business”); and (c) on August 11, 2016, the Plaintiffs invested KRW 580 million to the Nonparty Company as follows; and (d) concluded an investment agreement with the Nonparty Company to return double the amount of principal invested to the Plaintiffs by December 30, 2017 (hereinafter “instant investment agreement”).

Separate Investment Fund Plaintiff A 100 million won, Plaintiff C 200 million won, Plaintiff C 200 million won, Plaintiff D 80 million won,

C. However, the Defendant’s instant project was not implemented normally, and Nonparty Company failed to refund the investment amount as stipulated in the instant Investment Agreement to the Plaintiffs until December 30, 2017.

Accordingly, on February 13, 2018, the Defendant agreed to return to the Plaintiffs the entire amount of the principal of the investment and the entire amount of the investment revenue by February 28, 2018, but, if the Defendant fails to implement it, to transfer 4,000 square meters (13,222 square meters) out of the instant land to the Plaintiffs.

hereinafter referred to as "Agreement dated February 13, 2018".

(D) By February 28, 2018, the Defendant failed to return the principal of investment and investment earnings to the Plaintiffs, and thereafter, from the G and H on June 26, 2018 for the instant project, the Defendant purchased each share of 6,611,22,97, totaling 13,222/22,997, and completed the registration of ownership transfer due to the said sale on July 24, 2018 after purchasing the shares of 6,611,22,97, totaling 13,22,997, from among the instant land owned by the said Plaintiffs from G and H for the instant project. [Grounds for recognition] The Defendant did not dispute any dispute, and completed the registration of ownership transfer due to

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