beta
Text
1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
Reasons
1. As to the cause of claim
A. The Plaintiff’s assertion 1) purchased the instant real estate from C and requested the Plaintiff to lend money due to insufficient funds. On April 30, 2010, the Plaintiff lent the instant money to C, a seller of the instant real estate, to the Defendant by means of remitting KRW 100 million (hereinafter “the instant money”). (2) The Defendant would encourage the Defendant to purchase the instant real estate by soliciting the Defendant to purchase the instant real estate by purchasing part of the intermediate payment and selling profits to a third party, and the instant money is only the amount invested by the Plaintiff in his share in accordance with the first investment commitment, and not the amount loaned to the Defendant.
B. The facts of recognition 1) Around February 2010, the Defendant, who operated a real estate consulting company, purchased the instant real estate from C with KRW 1.17 million. In the circumstance that the Defendant was unable to pay the purchase price in full, he/she entered into a new sales contract with C to increase the purchase price of KRW 1.24 billion to the Plaintiff’s 1.4 billion amount among the instant real estate on December 6, 2010, with G operating the Defendant’s pro-friendly F or V’s office as the joint purchaser on Nov. 1, 2010, with the Plaintiff’s account in the name of the Plaintiff’s 1.2 billion won and the intermediate payment in the name of the Plaintiff’s account (hereinafter “W Licensed Real Estate Agent Office”). On Apr. 30, 2010, the Plaintiff transferred the instant real estate in the name of KRW 1.4 billion, and the ownership transfer registration was completed on Nov. 1, 2010 to the Plaintiff’s account in the name of KRW 1.9 million.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, and 4 (including each number), the purport of the whole pleadings
C. As to the instant real estate, Defendant, G and F as their respective investment shares.