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(영문) 서울고등법원 2017.02.03 2014나60356
지분소유권이전등기
Text

1. Upon receiving a modified claim from the trial court, the Defendant shall pay to the Plaintiff KRW 270,877,675 and its related amount from July 16, 2016.

Reasons

1. Basic facts

A. On October 2008, the Defendant recommended the Plaintiff to invest in money in the instant development project on the three lots of real estate (hereinafter “instant development project”) scheduled to be promoted by the Defendant, because there is a possibility that neighboring areas, including would be developed by the Government-si C, D, and E three lots of real estate (hereinafter “instant three lots of real estate”). In response, the Plaintiff decided to invest KRW 300 million in the Defendant, and the Plaintiff paid KRW 200 million out of money in cash, and the remainder KRW 100 million was loaned and paid with a loan as security on the three lots of real estate.

(hereinafter “instant investment agreement”). The instant development project aims to purchase the instant three lots of real estate, etc. with the investment funds recruited by the Defendant, and then to distribute profits by disposing of the said land after the development of the said land, or to divide and own the developed land in proportion to the share ratio.

B. Under the instant investment agreement, the Plaintiff paid a total of KRW 200 million to the Defendant, from October 2, 2008 to July 13, 2009, and paid KRW 29,480,000 in total from July 13, 2009 to April 17, 2013 as interest on the remainder of KRW 100 million, and paid KRW 13,300,000 in the name of real estate acquired under the name of the Defendant from May 22, 2009 to July 13, 2009.

Accordingly, the Plaintiff paid the Defendant a total of KRW 242,780,000,00,000.

(The details of payment by the plaintiff are as shown in the table "amount of payment, such as the plaintiff's investment funds" in attached Form 3.

In 209, the Defendant received investment from the F, G, H, and I in addition to the Plaintiff, and secured the total amount of KRW 1.2 billion.

Plaintiff 150,000,000 won for cash loans of KRW 100,000,000 for Defendant 150,000,000,000 for cash loans of KRW 150,000,000 for KRW 150,000 for G 150,000,000 for KRW 100,000 for KRW 150,000 for KRW 150,000 for cash loans of KRW 150,000 for KRW 150,000 for 150,000 for cash loans of KRW 150,000 for Defendant 150,000,000 for KRW 150,000 for I,000,000 for KRW 200,000 for KRW 1000 for 1,000 for 00,000 for cash loans of KRW 300.

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