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1. Revocation of the first instance judgment.
2.(a)
The defendant shall record each real estate in the list in attached Form C.
Reasons
1. Basic facts
A. The relationship between the Plaintiff and D and C 1) D refers to a person who, from around 2010, went through the name of “L occupation house” in Gangseo-si K, has been influencing the said house against the customers who found the said house, and C is a partner of D. 2) The Plaintiff was attending the said L occupation house and requested for the acceptance of the right to return, etc.
B. On March 18, 2015, the Plaintiff issued KRW 260 million to D on March 18, 2015, following the phrase “(i)” that “I wish to leave the land for large use, (ii) I wish to leave the real estate as collateral, and (iii) I want to get this opportunity for ten (10) years, and (iv) I would be able to get this opportunity, and (iv) I would be able to get a cash, and (v) I would be able to receive KRW 260 million from D on March 18, 2015, and then receive KRW 300 million from D on March 3, 2015.”
3) D, as seen above, was prosecuted as a crime of fraud against the Plaintiff on the ground that he/she acquired a total of KRW 630 million from the Plaintiff, and was convicted of two years of imprisonment on March 17, 2016 (No. 2015Dadan1379), and D appealed, and was sentenced to a conviction of one year and eight months of imprisonment on September 22, 2016 (No. 2016No136). Although D appealed, on December 15, 2016, the appeal was dismissed (Supreme Court Decision 2016Do15852) and the judgment of the said appellate court became final and conclusive on December 15, 2016 (No. 2016Do15852). C. purchase of each real estate listed in the attached list of C’s respective real estate from the Plaintiff.
After receiving KRW 630,000,000, as stated in paragraph (1), deposited KRW 280,000,000 in the name of C on April 6, 2015, and KRW 350,000 on April 9, 2015, respectively.