(영문) 서울북부지방법원 2015.01.28 2013가합21455

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(영문) 서울북부지방법원 2015.01.28 2013가합21455

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is the plaintiff.

B. C, D, E, and F completed the registration of ownership transfer on September 22, 2009 with respect to one fourth share of G, H, I, J, K (I was merged into the above G on September 28, 2012; hereinafter “instant land”) and L, and M, each of which was awarded a successful bid in the process of the auction of N Real Estate by Red support for the Daejeon District Court.

C. At the time, the instant building was constructed on the instant land, regardless of whether it was completed for convenience (hereinafter “instant building”).

O purchased the above building from P on September 26, 2006, and conducted new construction on October 27, 2006 after acquiring the building owner's name, the construction was suspended due to financial difficulties around January 2007. On March 2009, Q transferred all the rights to the building of this case to Q and agreed to transfer the building owner's name.

R The Plaintiff and the Defendant recommended that “if it invests KRW 500 million in the resumption of the construction of the building suspended by purchasing the instant land, it would purchase the instant land, and the Defendant, S, T, U ( Investor’s father V) and W (Investor’s name) agreed on May 2010 to purchase the instant land and to resume the construction of the instant building by obtaining a loan from the Defendant and to promote the purchase of the instant land and the resumption of the instant construction by: (a) the Defendant, while around May 2010, S, KRW 145 million, KRW 60 million, KRW 45 million, KRW C, KRW 65 million, and KRW 60 million, respectively (hereinafter the above five persons are referred to as “joint investors”); and (b) the remainder of KRW 120 million,000,000,000 from the Defendant’s funds.

(hereinafter “instant project”). The joint investors agreed to pay to the Plaintiff KRW 100 million out of the market price gains 200 million following the completion of the building as the fee for recommending investment, and to distribute the remaining KRW 100 million in proportion to the investment amount.

E. The defendant is invested from the common investors of this case.

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