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Reasons
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(영문) 인천지방법원 2017.07.12 2015가단208336
정산금반환청구 등
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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2...

Reasons

1. Facts of recognition;

A. On September 2009, four Plaintiffs, Defendant, and D invested a certain amount of money to acquire real estate, dispose of real estate, and divide profits from the deduction of expenses. Around that time, they entered into a trade agreement with the Defendant to take charge of the said business (hereinafter “instant trade agreement”), and around that time, the Plaintiffs, Defendant, and D invested KRW 180,000,000 in total, including KRW 50,000,000,000.

B. The Defendant acquired three real estate using the above investment amount of KRW 180,000,000 and disposed of it as follows:

1) On December 29, 2009, real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant real estate”).

(1) On October 5, 2016, the Plaintiff purchased the real estate listed in paragraph (2) of the attached Table (hereinafter “instant real estate”) in the name of E (the transaction value of KRW 165,00,000,000, and sold to a third party on January 25, 2016. The Defendant asserted that the instant maximum debt amount of KRW 104,000,000, which was established on the said real estate, was acquired under E on February 12, 2010. On January 17, 2012, the said maximum debt amount was changed to KRW 84,00,000,000, and on January 25, 2016, the registration of the creation of a mortgage was revoked on January 25, 2016.

the sale was made.

The maximum debt amount of KRW 138,00,000, which was established on the above real estate, was acquired in the name of Plaintiff B on December 29, 2009, and the registration of creation of a neighboring mortgage was cancelled on December 23, 2010.

3) On October 8, 2009, real estate listed in paragraph (3) of the attached Table No. 3 (hereinafter “instant third real estate”).

B purchased in the name of D in the transaction value of KRW 150,000,000, and sold to the third party on March 10, 2011 at KRW 135,000,000.

The maximum debt amount of KRW 103,200,000, which was established on the above real estate, shall be in the name of D on November 17, 2009.

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