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1. Defendant A’s KRW 370 million to the Plaintiff, as well as 5% per annum from November 21, 2013 to April 11, 2016.
Reasons
1. Facts of recognition;
A. A. Around October 2013, the Plaintiff heard a business plan to the effect that, by constructing and selling a new apartment unit of approximately 80 households on the 2,316 square meters and the 1,580 square meters and the 1,580 square meters of the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-do, and the Defendant, around October 201, the Plaintiff would carry out the business with the above content (hereinafter “instant business”).
B. Prior to the Plaintiff’s decision to promote the instant project, Defendant A agreed to purchase the said land in KRW 420 million with E, the owner of the said land, and agreed to purchase the said land in KRW 380 million with F, the owner of the said land.
(hereinafter referred to as “the instant land” by aggregating the above land, and combining E and F, “E,” etc.
On October 17, 2013, Defendant A entered into a contract with the Plaintiff to resell the instant land (hereinafter “instant contract”) with the Plaintiff. While the terms and conditions of the sales contract between E, etc. were succeeded to the Plaintiff as they are, Defendant A deceptioned the Plaintiff that he purchased the instant land in KRW 70 million and KRW 470 million from E, etc., and agreed to receive the maximum of KRW 20 million from the Plaintiff and one of the instant apartment units to be sold in the future as the instant project, on the pretext of expenses, etc.
Around October 31, 2013, the Plaintiff entered into a sales contract with E, etc. with a total of KRW 1170 million for the instant land (i.e., KRW 470 million), and accordingly, paid KRW 1170 million for E, etc., and completed the registration of transfer of ownership for the instant land on November 1, 2013; Defendant A, etc. on November 21, 2013, deposited KRW 370 million for E, etc. (= KRW 1170 million - KRW 420 million - KRW 380 million) into the account of Defendant B, which is its wife.
E, etc., according to the end of Defendant A, which is necessary for the plaintiff's accounting management.