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The judgment below is reversed, and the case is remanded to the Seoul Central District Court.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1.(a)
The judgment below
According to the reasons, the court below acknowledged the following facts based on adopted evidence.
(1) The Plaintiff and the Defendant, E, F, G, and D (hereinafter collectively referred to as “joint investors”) are in line with high school line, and Plaintiff B is the spouse of Plaintiff A.
(2) Joint investors agreed to purchase the land located in Jeju-do as a joint project and to carry on the penture business. On April 19, 201, they concluded a sales contract under the name of the Defendant with the purchase of the land Nos. 1 and 2 with the joint investment money, and completed the registration of ownership transfer on the 24th of the same month.
(3) Joint investors newly built the instant building on the land of this case with joint investment money, etc. and completed the registration of ownership preservation in D name on December 8, 2003, and run a pension business in the name of “J” in the said building.
(4) Meanwhile, on May 23, 2014, the Defendant set up a right to collateral security of KRW 39,000,000 with respect to the instant land No. 2, and received a loan of KRW 30,000,000 from the Defendant.
(5) On July 2015, Plaintiff A, E, F, G, and D (hereinafter collectively referred to as “five of the joint investors”) drafted a written agreement on the settlement of the instant investment funds that Plaintiff A would purchase for KRW 350,000,00 the instant land and the instant building (hereinafter collectively referred to as “each of the instant real estate”), and the main contents thereof are as follows.
(A) Five of the joint investors and five of the Plaintiff A shall, by agreement, pay the price for each of the instant real estate to five of the joint investors as follows:
1) Sales proceeds are KRW 350,000,000; KRW 41,847,420; KRW 27,210,000; KRW 27,210,000; KRW 50,007,410; and F.