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Reasons
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(영문) 대전지방법원서산지원 2016.01.14 2015가합44
대여금
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1. The Defendant’s KRW 115,136,612 for the Plaintiff and KRW 5% per annum from June 19, 2008 to January 14, 2016.

Reasons

1. Basic facts

A. In early 2005, the Plaintiff entered into a partnership agreement with the Defendant to divide the profits by purchasing, dividing, and resale the said three parcels of land (hereinafter “instant land”) and then selling, dividing, and reselling the said three parcels of land (hereinafter “instant land”).

B. On July 13, 2005, the Plaintiff invested KRW 180 million to the Defendant, and around that time, the Defendant purchased the instant land from H in approximately KRW 2.1 billion, and on August 1, 2005, the provisional disposition entry registration for preserving the claim for ownership transfer registration was completed in the name of the Defendant for the instant land.

C. The instant land was divided into three parcels on July 4, 2005 and July 6, 2005, and the details of the change in ownership are as follows.

After the partition of land before the partition, the land category divided into D 2,215㎡ D 2,00,000 square meters on August 7, 2008 was changed from D 2,215 square meters to miscellaneous land.

On October 22, 2007, I Co., Ltd., Ltd., 350 square meters on October 22, 2007, and on June 9, 2006, 2006, L (the Plaintiff’s land) on June 18, 2008, 165 square meters and 353 square meters on October 22, 2007, I Co., Ltd., 486 square meters and 486 square meters on October 22, 2007, the land category was changed from I Co., Ltd., Ltd. on October 22, 2007 to “gas station” on October 13, 2011.

On May 4, 2006, the land category on March 9, 201, 201 changed from “Speak” to “gas station site” on June 9, 2006.

On June 9, 2006, T.I. U.S., U.S. on March 9, 201, 2006, on June 18, 2008, the land category of the Defendant WW 482С on June 9, 2006, X (Plaintiff’s wife) on December 13, 2006, was changed from “the answer” to “the annexed land” on August 11, 2008.

On June 9, 2006, BA, A, 359С on May 4, 2006, ABC, 156С on May 4, 2006, May 4, 2006, AD AE Miscellaneous land 239С on October 22, 2007, IF.

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