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(영문) 서울남부지방법원 2016.09.21 2015가단235791
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

I. Progress of the case

1. Around October 2014, Defendant B’s husband and Defendant C, the husband of Defendant C, recommended F to make an investment in the “E Real Estate,” stating that “The Plaintiff’s husband F was purchased approximately KRW 530 square meters of G farmland in Pakistan-si (hereinafter “instant land”) and changed the purpose of use to the site, and the construction permit was granted, and there remains approximately KRW 200 million profits even after deducting tax if the construction permit was granted.”

2. At the time D said that “If 130 million won is invested, 10 million won will be deducted by adding a total of KRW 180 million to the sum of KRW 50 million within 3-4 months, D would return to F.

3. In addition, D also referred to the purport that “The Do Governor owns a house and operates a private taxi, and the value of the private taxi exceeds KRW 120 million even in the year.”

[Dissenting Witnesses D] On October 16, 2014, a sales contract was prepared with regard to the instant land as the seller’s “H” and the buyer’s “Plaintiff and one other”.

The sales price is KRW 250 million, and the down payment is KRW 30 million on the day, and the remainder KRW 22,1920,000 on January 16, 2015 was agreed to pay each other on the day.

[5] On May 1, 200, the Plaintiff transferred KRW 30 million to H on the day of the contract (A 6). On the same day, the Plaintiff was set up a collateral security amount of KRW 30 million with respect to the instant land.

[A] 6. Otherwise, the Plaintiff, from October 16, 2014 to December 26, 2014, remitted KRW 100 million to the Defendant’s side. The KRW 30 million to the Defendant’s I account, a parent of D, and KRW 70 million divided into Defendant C account.

[A] 7. The sum of remitted amounts as above is KRW 130 million in total.

8. Meanwhile, D, in the name of the Plaintiff or its husband, who purchased the instant land, was seeking to obtain permission to divert farmland and construction under the name of F, which is the Plaintiff or its husband, and D himself/herself was unable to obtain permission to divert farmland under his/her own name due to bad credit standing. As such, D himself/herself needs to operate his/her business in his/her name.

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