투자금 등 반환
1. An appeal against the Plaintiff (Counterclaim Defendant)’s claim against the main claim and the counterclaim against the Defendant (Counterclaim Plaintiff).
The reasoning for the court's explanation of this case is that "the defendant has remitted or deleted" part of the 7th judgment of the court of first instance from 14 to 16, and that the plaintiff's decision on the claim of the main claim added at the court of first instance is as stated in the reasoning of the judgment, except for addition of the following matters: therefore, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The plaintiff, around February 2005, invested KRW 22,580,000, after purchasing the right of sale in the defendant, F, G, and C Apartment A, to resell the right of sale and distribute the proceeds therefrom.
The plaintiff, the defendant, etc. purchased the right to sell the above apartment in the name of F and G, and sold it to H on March 30, 2005, and the plaintiff's share of the purchase price was 8,000,000 won.
Around that time, the Plaintiff purchased the above investment principal and revenue from the Defendant, and subsequently re-invested the right of sale under the C Apartment B 4205, and then sold the proceeds to distribute them.
The Plaintiff and the Defendant purchased the right to sell C Apartment B, 4205 from Q on March 22, 2005 and intended to resell them, but failed to resell them due to the decline in real estate competition, etc. Accordingly, the Defendant paid 491,710,000 won through bank loans, etc. and completed the registration of ownership transfer in its name on October 19, 2009.
C아파트 B동 4205호는 현재까지 피고 명의로 남아 있고, 원고와 피고 사이의 손익분배비율은 50:50이다.
The Plaintiff, at the trial on May 12, 2016, expressed his/her intent to withdraw from the partnership by serving a written application for modification of the purport of the claim and the cause of the claim on May 12, 2016. The said written application was served on the Defendant on May 13, 201
[Reasons for Recognition] Facts without dispute, Eul's statements in Eul's Evidence Nos. 1, 2, 5, 6, 7, and 8 (including provisional numbers), and the plaintiff and defendant who have the obligation to pay the amount of settlement of determination of the whole purport of the pleadings, shall purchase the right of sale of C Apartment B, 4205, and shall purchase it.