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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The defendant's fraudulent crime and conviction against the plaintiff et al. are confirmed 1) E (the defendant's external third village is the defendant's external third village.
(B) On December 8, 2005, 14 lots of land, including 20,319 square meters, from F on December 8, 2005, the former 20,319 square meters, etc. (hereinafter “the instant H land”).
(2) On May 27, 2006, the Defendant purchased the instant H land at KRW 85 million, and the Defendant again decided to purchase the instant H land from E on the same day, and thereafter, the Defendant offered to the Plaintiff and D that “to obtain the market price profit by jointly purchasing the instant H land and selling it,” but in fact, the Plaintiff and D did not spend the purchase fund, and only the funds invested by the Plaintiff and D merely acquired the instant H land, and used the remainder of the purchase fund received from the Plaintiff and D, excluding the money necessary for the actual acquisition, for their personal use. In addition, the Defendant did not have any intent or ability to pay the Plaintiff and D the profit by selling the instant H land.
The Defendant received KRW 49,500,000,000 from the Plaintiff on June 6, 2006, KRW 350,000,000,000 on September 15, 2006, and KRW 49,500,000 on May 23, 2007. The Defendant received KRW 50,00,000 on May 27, 2006, KRW 50,000,00 on July 14, 2006, KRW 16,00,000 on September 8, 2006, KRW 35,00,000 on September 15, 2006, KRW 500,000 on September 5, 2006, and KRW 50,000,000 on September 5, 206.
3) On August 9, 2009, the Plaintiff and D filed a complaint against the Defendant. The Defendant was indicted for fraud, etc. against the Plaintiff and D (former District Court Decision 2010Da2384), and was convicted on January 6, 201, and the conviction became final and conclusive. (B) The assignment D’s transfer of the damage claim against the Defendant against the Defendant was transferred to the Plaintiff the damage claim amounting to KRW 350 million against the Defendant due to the said fraud, and notified the Defendant of the transfer thereof on April 9, 2014. The above notification reached the Defendant on July 14, 2006. (c) The Defendant reached the Defendant on July 12, 2006.