투자금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On December 5, 201, the Plaintiff and the Defendant agreed to acquire each of the instant real estate in the name of the Defendant by participating in the auction procedure on Pyeongtaek-si and seven parcels (hereinafter “each of the instant real estate”). Around February 2012, the Plaintiff and the Defendant acquired each of the instant real estate in the name of the Defendant.
B. On June 24, 2015, the Defendant sold each of the instant real estate to D, and completed the registration of ownership transfer with respect to each of the instant real estate to D on August 4, 2015.
C. After that, the Defendant asserted that the sales contract was terminated on April 11, 2018 by the Seoul Western District Court Decision 2018Kadan5877, stating that “D did not pay any balance under the sales contract as described in the above paragraph (b).”
A lawsuit was filed to seek cancellation of ownership transfer registration stated in the port.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. The plaintiff's assertion No. 1-A.
Since the Defendant lent KRW 20,453,000 to the Defendant under the agreement, the Defendant shall pay the Plaintiff the loan amounting to KRW 20,453,00 and the delay damages thereon.
Even if the above money is not recognized as a loan, the plaintiff invested KRW 20,453,00 to the defendant according to the above agreement, so the defendant must return it to the plaintiff.
3. First of all, the Plaintiff’s assertion of the return of the loan is insufficient to recognize that the Plaintiff lent the above money to the Defendant only with the descriptions of the health account and evidence Nos. 1 through 5. The Plaintiff’s assertion of this part is without merit.
Next, in full view of the purport of the entire arguments as to the Plaintiff’s assertion of return of investment amount, the Plaintiff and the Defendant, etc., by mutually investing in the real estate and selling the real estate and distributing the remaining money after deducting expenses from the sale price.