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1. The Defendant’s KRW 9,750,000 as well as 5% per annum from January 10, 2018 to November 16, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. On April 13, 2007, the Plaintiff, via C, purchased D through D the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”), with the price of KRW 27 million in return for the purchase of “the purchase right” (hereinafter “the purchase right of this case”) that was received from the Nonparty Corporation in relation to the national rental housing complex development project in the E-gu, Gunpo-si, Gunpo-si, wherein D is implemented by the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”).
B. On October 201, 201, 40 persons holding the right to sell the land for livelihood countermeasures, including the Plaintiff, form a “G Union” (hereinafter “G Union”) for the purpose of engaging in the business of constructing and selling commercial buildings (hereinafter “family development business”) on the land for livelihood countermeasures (FJ 1554m2m2, e.g., Sinpo-si), and on December 20, 201, G Union entered into a sales contract for the land for livelihood countermeasures with the Nonparty Corporation.
The Plaintiff invested in G Association the instant sales right, and transferred KRW 11 million investment to C in the name of account around January 9, 2012.
C. The G Union decided to hold an extraordinary general meeting on January 17, 2012 to select and appoint C as the head of the association, and to carry out the commercial building development project by accepting the I Co., Ltd., an existing corporation established by H (hereinafter “Defendant Co., Ltd.”) (hereinafter “Defendant Co., Ltd.”) as the head of the association, and acquiring the trade name on August 1, 2012, changed to the Defendant Co., Ltd.).
Accordingly, the defendant company transferred the status of purchaser of the land for taking measures from the G Cooperatives, paid the balance of the purchase price to the non-party corporation, and agreed to distribute profits to the members of the G Cooperatives by carrying out the commercial building development project.
Around January 20, 2012, Defendant Company succeeded to the buyer's status as to the land for livelihood countermeasures from G Cooperatives, and completed the registration of ownership transfer in the name of Defendant Company on January 16, 2014.