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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. In order to construct a new construction (hereinafter “each of the instant buildings”) of 40 households (hereinafter collectively referred to as “each of the instant buildings”) located on the land outside C and nine parcels of land (hereinafter “each of the instant land”) in Chungcheongnam-si, Chungcheongnam-si, and Chungcheong-si (hereinafter “the instant land”): (a) purchased eight parcels of each of the instant land from D on January 7, 2012; (b) completed each of the instant buildings in lieu of paying the purchase price; and (c) agreed to acquire the ownership of five households of the relevant land (one household among the real estate is the Defendant, among the real estate); and (d) purchase of each of the instant land between E and the owner of each of the instant buildings in excess of the ownership of each of the instant land, on February 2, 2012.
B. While borrowing KRW 300 million from D as construction cost and performing the instant construction, the non-party company: (a) completed the construction of the instant building by November 6, 2012, instead of receiving an investment of KRW 400 million from the Plaintiff in order to raise funds for the shortage of funds; (b) decided to return the total amount of KRW 700 million including the amount invested by the Plaintiff by January 6, 2013; (c) provided the instant (d) the Plaintiff as a security; and (d) concluded an investment contract with the purport that “When the construction is suspended for more than one month without any special reason, the company shall be liable for the suspension thereof and waive all rights and authorities without any consideration” (hereinafter “instant investment contract”). At that time, the non-party company received KRW 400 million through the Defendant, the Plaintiff’s seat pursuant to the said investment contract.
C. On February 28, 2013, upon receiving an investment of KRW 150 million from G, Nonparty Company would return a total of KRW 190,000,00,000 including the amount of investment after using it in completing the instant unit, (B) and the Gu unit.