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(영문) 인천지방법원 2018.10.18 2016가단201561
투자수익금
Text

1. The defendant

A. From February 17, 2016 to Plaintiff A 42,903,511 and its related thereto:

B. Plaintiff B, as well as KRW 61,898,511.

Reasons

1. Basic facts

A. The Defendant is a person who runs real estate brokerage business under the trade name “E real estate” in Chungcheongnam-gun, Hongsung-gun, and the Plaintiffs are the persons who operated the business with the Defendant.

Goods: The buyer of the sale price of 310,01 square meters in Jeonnam-gun, G forest land, 13,901 square meters in size (based on the lot number and size before each subdivision): the Plaintiffs and the Defendant’s respective lands (hereinafter “each of the instant lands”) shall be purchased, and the remainder of 238,000,000 won, excluding the loan of 70,000,000 won among the purchase price of 38,000,000 won shall be invested in KRW 10,000,000 won in the amount of KRW 38,000,000,000 won in the amount of 38,000,000 won in the amount of money for public works, and the Defendant shall undertake a development project for the electric

Land owners shall own land in the future as necessary for business, but all of the authorities shall be jointly exercised by three persons, and the plaintiffs and the defendant shall distribute 1/3 each amount after deducting taxes, such as capital gains tax, from profits.

B. On June 23, 2009, the Plaintiffs agreed with the Defendant to conduct the following joint business (hereinafter “instant business”) (hereinafter “instant agreement”).

C. On October 9, 2009, the Defendant entered into a sales contract with H to determine the purchase price of each of the instant land as KRW 230 million.

Plaintiff

A paid KRW 140 million to the Defendant from July 20, 2009 to April 20, 2012, and Plaintiff B from June 11, 2009 to March 25, 2012, respectively (in accordance with the Defendant’s additional investment request, KRW 40 million to each of the Plaintiff).

E. From October 2009 to September 2012, the Defendant divided each of the instant land into subdivisions in annexed sheet. From 2014 to 2015, the Defendant created 16 bonds on the 22 parcels of land and its ground from 2014 to 2015, and sold them in total at KRW 1.377 billion.

F. However, on February 17, 2012, through the sale and purchase of shares and the division of co-ownership over several occasions, as above.

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