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(영문) 대구지방법원김천지원 2020.11.12 2019가단4621
투자금반환
Text

1. The Defendant (Appointed Party) shall pay to the Plaintiff KRW 100,000,000 and the interest thereon from November 19, 2019 to the date of full payment.

Reasons

1. Facts recognized;

A. The position of the parties concerned and the relationship 1) The Appointer C Co., Ltd. (hereinafter “Appointed”) are limited to the Appointer Co., Ltd., and when referring to both the Defendant and the Defendant, “Defendant, etc.”

(2) On January 7, 2018, the company established on January 2, 2018 and engaged in the housing construction business, land development business, etc., and at the time of its establishment, the location of its head office was the defendant's resident registration as the defendant's child and the non-party E (F) was registered as the representative director of the selected company from the time of its establishment to January 7, 2020, and the non-party G (H) was registered as the representative director of the selected company from January 7, 2020 to the date of its establishment.

3) Nonparty I Co., Ltd. (hereinafter “I”)

3) As to the Plaintiff and Nonparty J Co., Ltd. (hereinafter “J”).

(2) On December 30, 2017, the Defendant and six other parties (i.e., the co-development agreement on solar power plants and the conclusion of each real estate sales agreement) purchased part of N2,92 square meters of N2, 72, and 97 square meters of forest land (the corresponding part of N2,92; hereinafter referred to as “N2”) from Non-Party M in order to use it as a site for solar power plants. At the request of the buyer, the Plaintiff purchased part of N2,5 million won of forest land (the corresponding part of N2,997 square meters; hereinafter referred to as “N2”) from Non-Party M in order to use it as a site for solar power plants. At the request of the buyer, the agreement was concluded to change the contractual party to the designated buyer.

(Special Agreement No. 4). After that, on April 20, 2018, the designated company received the registration of transfer of ownership for N-owned land from the aforementioned M on March 5, 2018, and the reported real estate transaction price is KRW 85 million.

2) Meanwhile, on January 23, 2018, in order to use the N-owned land as a site for access road to the N-owned land, the designated company was a part of the P land and Qua land (hereinafter collectively referred to as “P land”).

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