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(영문) 수원지방법원 2016.05.19 2015가합2624
투자금 반환
Text

1. The Defendant’s KRW 1 billion and the Plaintiff’s 20% per annum from February 24, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The Incorporated Foundation C (hereinafter “C”) owned a 109,114 square meters of forest land (hereinafter “instant real estate”) outside D, Kimpo-si, Kimpo-si, and 26 lots of land (hereinafter “E”), and purchased the land outside E, Kimpo-si, Kimpo-si, and then transferred a cemetery located in the instant real estate to E land, and then selected an executor, and then executed an apartment construction project on the instant real estate surface (hereinafter “instant project”).

B. C was unable to obtain permission to relocate the common cemetery to the land E, on the contrary of neighboring residents. After exchanging the F land ‘F land' owned by C, such as E land and Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, and Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, the Kimpo-si offered that C will create a park cemetery on the land F and create a park and an arboretum on the land E.

C. On April 4, 2008, the Defendant: (a) signed an agreement with H (hereinafter “H”) to sell the instant real estate to H (hereinafter “instant real estate agreement”); (b) concluded on the same day the agreement amounting to KRW 1.5 billion; (c) on May 6, 2008, the down payment and intermediate payment amounting to KRW 28.5 billion (payment within 30 days from financial institutions); and (d) agreed to receive the remainder of KRW 30 billion from H within one month after approval of a multi-family housing business plan.

On the other hand, as other companies intend to carry out the instant real estate business, H renounced the business without any condition and returned the agreed amount within 15 days, and H agreed to transfer the agreed amount to the down payment when other companies first pay funds. D.

The net I, on behalf of H, shall take place on April 10, 2008, KRW 500 million, and the same year.

4.17.40 million won, and the same year.

4. A total of KRW 1 billion including KRW 23.1 billion was paid to the Defendant under the terms of the above contract.

E. Meanwhile, on April 4, 2008, the defendant is as follows with the deceased I, J, and the defendant.

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