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(영문) 광주지방법원 2018.08.22 2017나8179

소유권이전등기

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Defendant purchased and developed a single forest (including 14,590 square meters of the instant forest (hereinafter “the instant forest”) in order to attract investors by transferring the developed land to investors. The Defendant solicited the Plaintiff to the effect that the Plaintiff is an investor in the instant forest where the Plaintiff is engaged in soliciting investors in the instant forest, and that the Plaintiff may obtain future profits if the Plaintiff made an investment in the instant forest.

B. Accordingly, the Plaintiff decided to purchase KRW 200 among the instant forest land, and paid KRW 5 million to F on August 23, 2006, and KRW 150 million on September 22, 2006, and separately lent KRW 20 million to F on September 22, 2006, and thereafter, F became a director of the Defendant.

C. On December 27, 2006, the Defendant purchased the instant forest from investors, including the Plaintiff, with the funds received from G on December 29, 2006, and completed the registration of ownership transfer on December 29, 2006. On the same day, the Defendant completed the provisional registration under H, I, J, K, and the Plaintiff on December 27, 2006, with each share [306/14590), I (306/14590), J (16/14590), K (1653/14590), and the Plaintiff (4672/14590) of the instant forest due to trade promise on December 27, 2006.

The Plaintiff did not receive the registration of the entire amount of KRW 200,000 among the forest land of this case, and demanded F to return KRW 130,000,000 to F who did not develop the forest land of this case, and F filed a lawsuit claiming the return of the said money (hereinafter “prior lawsuit”) with the Seoul Southern District Court 201Gahap8660 against F who did not return it.

E. On March 15, 2012, L, who was a working-level employee of the Defendant, continued to file a written confirmation (Evidence No. 4, hereinafter “instant written confirmation”) with the Plaintiff, stating that “I sell 2,000 square meters out of the forest land in this case to the Plaintiff who was introduced by F and received the proceeds thereof in KRW 100 million.”

F. Prior suit is filed on December 2012.