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(영문) 수원지방법원 2018.01.10 2016가단522753
매매대금반환
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Evidence 【Evidence 【A’ 1-1 through 4, A2-1, 2, A3-1, 2, A4-1 through 3, A5, A6-1, 2, A7, A1, A2-1, A2-1, B-2, A-1, A-2, A-2-1, B-2, A-3-1, B-1, B-2, A-3-1, 2, B-4, A-5, witness F, G president, and president of H, respectively, and the purport of the whole pleadings;

A. 1) I is actually managing the “K” in Suwon-si J. 2) I became aware of Defendant E who operated the real estate brokerage business around November 2006, and became aware of L, M, and F through Defendant E.

3) The F recruited investors in the name of “O” from Tsung City N, purchased real estate, sold it, and distributed profits from the purchase to investors. The F recruited investors I, L, M, Defendant E, etc. as investors. The F received 150 million won (L, M, and Defendant E, each of which was KRW 150 million) in relation to the land of the Gyeonggi E-si P around March 2007 from I as investment money. Around April 2007, the F received 60 million in relation to Q Q Q land as investment money. Around April 2007, the F received 200 million won in relation to the land of the Gyeonggi-si.

5) F is not a 205m2 and U 950m20m2 (hereinafter “instant land”) in the time of emulation owned by S.

On April 13, 2007, I, F, L, M, and Defendant E agreed to obtain gains from the sale of the instant land in the amount of KRW 2 million per square year with permission from the gas station and divide the gains from the sale of the land according to the amount of investment. (B) The F, etc. agreed to enter into a sales contract with Defendant D, the denial of Defendant E, under the name of Defendant E.

2. On April 13, 2007, Defendant D and 1 agreed to pay the remainder KRW 40 million on May 2, 2007, when concluding a sales contract with S to purchase the instant land by fixing the purchase price of KRW 210 million as the purchase price to be KRW 200 million.

Meanwhile, M. M.

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