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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. A. On April 2005, Defendant B and D, E, F, and G agreed to establish an association (hereinafter “instant association”) in order to jointly carry out a penta construction and sale project (hereinafter “instant penta project”) in the H Department in the Nam-Namnam Sea-gun, Gyeong-gun, and to jointly carry out the instant penta construction and sale project (hereinafter “instant penta project”) with the Plaintiff’s establishment of the association, and the Plaintiff’s business delegation to Defendant B, and the Plaintiff’s business delegation to Defendant B, and to join the instant association in the name of the wife, K, and G in the name of the wife, the wife, and the name of each of them.
(2) On July 18, 2005, the Plaintiff paid KRW 120 million to Defendant B, and acquired the shares of Defendant B concerning the instant association from Defendant B, thereby becoming a member.
In addition, the Plaintiff delegated the business related to the union's shares to Defendant B, and thereafter, Defendant B exercised the authority on behalf of the Plaintiff.
B. (1) The instant association acquired the property of the association (hereinafter “instant association”) and purchased ① 450 square meters, ② M forest 2,479 square meters, ③ N forest 936 square meters, ④ O forest 3,174 square meters (hereinafter “each of the instant lands”). On November 25, 2005, the instant association completed the registration of ownership transfer as to the shares indicated in the “share” in the name of the association members.
Meanwhile, on June 30, 2008, each land of this case was registered conversion or divided as indicated in the “after modification” column as indicated below.
Plaintiff 2/12 D 2/12 K 2/12 K 2/12 J 2/12, Gyeongnam-gun, Namnam-gun, Daejeon-gun, Daejeon-gun, Gyeongnam-gun, which had changed the ownership of real estate registered titleholders, and Plaintiff 2/12/12/2/4/12,50m2/12,50m2/12,50,02/12 K 2/12 K 2/12/12, J 4/12, 2/12, and 12/12, and the agent of Plaintiff 2/12/12, 2/36m2/12, and 12/12,2/12/42/4,000,000 and 2/24/2,000,000,000 and 2/12,000,00,000/22,00.