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(영문) 대전지방법원서산지원 2016.09.01 2015가합50933
투자금 등 반환
Text

1. Defendant B’s KRW 430,307,132 as well as 20% per annum from August 12, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. In early 2010, the Plaintiff, along with the Defendants, entered into a joint investment agreement with the purport that each of the Defendants, purchased a 6,033 square meters (hereinafter “D land”) at a lower price than the market price and then divide profits by selling.

B. On February 24, 2010, the Plaintiff remitted the total of KRW 140,000,000 to Defendant B, including KRW 100,000,000 on April 5, 2010 and KRW 100,000 on April 5, 2010, to Defendant B as land contribution.

Defendant B purchased D land and completed the registration of ownership transfer in the name of Defendant C on April 5, 2010.

C. On October 2010, Defendant B recommended that the Plaintiff and Defendant C purchase the land at a price lower than the market price on the following grounds: 4,201 square meters of E forest land, 4,649 square meters of F forest land, 5,93 square meters of G forest land, 5,93 square meters of H forest land, and 5,475 square meters of H forest land (hereinafter the above each land collectively referred to as “I land”; hereinafter the same shall apply) at a time when they are collectively named, and the Plaintiff and the Defendants jointly purchased the land and divide profits by selling.

(hereinafter referred to as “instant contract” by combining joint investment agreements with D land and Iluri land.

On October 25, 2010, 30,000 won, 60,000,000 won on November 15, 2010, and 60,000 won on December 27, 2010, and 250,000,000 won on December 7, 2010, and 10,000,000 won on December 7, 2010, were imposed on Defendant B as the shares of the I land.

Defendant B completed the registration of ownership transfer on December 31, 2010 under the name of Defendant C, G, and H land under the name of Defendant C, G, and H, respectively.

E. As to D land on December 17, 2010, the right to collateral security was established with respect to D land of KRW 520,000,000, the maximum debt amount of which was set at KRW 520,000, and the debtor B, and the debtor B, and the Busan Agricultural Cooperative for the use of the right to collateral security was terminated on November

F. On January 20, 201, regarding E and F land, the maximum debt amount of KRW 520,000,000, and the right to collateral security (hereinafter “mortgage”) established with respect to E and F land as the debtor C and the Songsan Agricultural Cooperative (hereinafter “instant right to collateral security”).

G. Regarding G and H land on August 18, 2014, the maximum debt amount of KRW 517,00,000,000, the debtor J and the mortgagee.

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