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(영문) 광주지방법원목포지원 2017.11.09 2016가단8297

소유권이전등기

Text

1. The Defendant’s KRW 100 million to the Plaintiff and the Plaintiff’s KRW 6% per annum from August 1, 2017 to November 9, 2017.

Reasons

1. Basic facts

A. The Defendant Company purchased and developed the forest land, including the 14590 square meters of the forest land in Gun, Seoul (hereinafter “instant forest”) with the investment money received from investors, and thereafter recruited investors by transferring the developed land to investors.

B. The Plaintiff, among the Do having discovered the investment place, heard that “E real estate” from F, which operates “E” in Gangseo-gu Seoul Metropolitan Government D, was to purchase and develop the forests and fields located in Gangseo-gu, Seoul, and sought to purchase 200,000 square meters out of the instant forests and fields, “If the Defendant corporation KRW 50,000,00, including development expenses, is possible to purchase the land scheduled for development, and if the development is completed within two years, it would be possible to sell at a normal level.”

The Plaintiff paid F KRW 5 million on August 23, 2006, and KRW 15 million on September 22, 2006, to F, the purchase price of KRW 2,000 among the forest land in this case.

F also purchased the forest of this case, the Plaintiff lent KRW 20 million to F on September 22, 2006.

After that, F was registered as a director of the defendant corporation.

C. On December 27, 2006, after purchasing the forest land of this case from G on December 29, 2006 with the funds received from investors including the plaintiff, the defendant corporation completed the registration of ownership transfer on December 29, 2006 and completed the provisional registration on December 29, 2006 with respect to H, I, J,K, and the plaintiff on December 29, 2006 (H (3306/14590), I (3306/14590), J (163/14590), K (1653/1490), and the plaintiff (4672/14590) on December 27, 2006.

The Plaintiff demanded F to return KRW 130 million (the purchase price of KRW 110 million and the loan KRW 20 million) to a person who did not receive the registration of the entire amount of KRW 200 million among the forest land in the instant case, as well as the development of the forest land in the instant case, and F to return the entire amount to the Plaintiff by the end of April 201.

However, the plaintiff who did not return it to F is against F.