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1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:
2...
Reasons
1. Basic facts
A. On May 10, 2005, the Plaintiff, C, D (hereinafter “D”) and E, and F entered into a contract with C to invest funds in the development project of stone collection grounds, including but not limited to the 22,296m of square meters of forest land G, Incheon-gun, Incheon-gun, which is owned by D (hereinafter “instant stone collection site”).
(hereinafter “instant investment contract”). (b)
C A lawsuit was filed against D on January 5, 2007 against D seeking the transfer of the instant stone collection site and the right to permit stone collection (Seoul District Court 2007Gahap312), and the judgment against October 23, 2008 was rendered, but the appeal was rendered on December 24, 2009 (Seoul High Court 2008Na109618), and thereafter D appealed, but the said judgment became final and conclusive on May 27, 2010 (Supreme Court 2010Da9092).
C. On September 12, 2010, the Defendant, C, and H entered into a project development investment agreement (hereinafter “instant investment agreement”) with D with respect to the instant stone collection site, etc. in winning the instant stone collection site. C as the representative of the joint project corporation, and C, as the representative of the joint project corporation, the Defendant, as the representative of the joint project corporation, has also engaged in prop-work and rental, and H, as a director of the joint project corporation, has to take part in the practice for the realization of the aforementioned project objectives.
C On October 26, 2010, the Defendant completed the registration of ownership transfer with respect to the instant stone collection site.
On the other hand, on May 30, 2011, the defendant completed the registration of transfer of ownership right claim as to the land of the stone collection site in this case in the first place, which is the representative director C.
E. On April 1, 2011, the Plaintiff filed a lawsuit against C to return KRW 1,420,000,000,000 for investment in the Quarrying development project. On June 2, 2011, the Plaintiff completed the registration of provisional injunction against the disposal of real estate against the instant Quarrying site that C transferred to the Defendant (Seoul District Court 201Kadan5866) and on August 9, 2011.