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(영문) 제주지방법원 2017.02.03 2016가단5107
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

A. On February 2, 2009, the Plaintiff, Defendant C, and D, E, F, G, A, and H concluded a partnership agreement with Defendant C’s husband and licensed real estate agent, to purchase real estate and sell the real estate after dividing it into a housing site, and to jointly operate the business of raising revenues by selling it after forming it as a housing site (hereinafter “instant partnership agreement”).

B. Under the above business agreement, D and E, KRW 250,00,000, KRW 50,000, KRW 280,000, KRW 000 by Defendant C, KRW 250,000,00 by G, and KRW 70,000,000 by the Plaintiff, and KRW 50,000 by H by each of them (hereinafter “the instant association”).

C. Meanwhile, on February 17, 2009, the instant association was awarded a successful bid of KRW 1,077,342,00 in Jeju-si, Jeju-si, which is the object of the auction of real estate rent, with the amount of KRW 40,713 square meters in Jeju-si, which is the object of the auction of real estate rent. After dividing the said forest into 24 lots, the said forest was divided into 10,46 square meters in the divided lots, and completed the registration of ownership transfer in the name of Defendant C.

On March 19, 2012, Defendant B requested that the instant association’s member promote the business after the prior settlement of accounts, but refused to do so, and received KRW 200 million from Chocheon Agricultural for the purpose of raising funds for the construction of a new building without the consent of its members, and created a collateral security (hereinafter “instant collateral security”) on the instant forest land.

E. Defendant B was charged with a criminal charge as to the facts stated in the foregoing paragraph, and on August 24, 2016, the Gwangju High Court ( Jeju High Court) 2016No7 decided on August 24, 2016, and was sentenced to a suspended sentence of two years for one year.

(hereinafter referred to as “related criminal case”). D.

On the other hand, Defendant B revoked the registration of creation of a neighboring mortgage by repaying the instant mortgage debt established on the instant forest land, and D, E, and F withdrawn from the instant association, and G died.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 2 and 3, and all pleadings.

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