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(영문) 서울고등법원 2019.07.12 2018나2033877
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. Pursuant to the conjunctive claim added by this court, the defendant 150.

Reasons

1. Basic facts

A. On October 15, 2012, the Plaintiff and the Defendant purchased approximately KRW 4,200 forest land of approximately KRW 4,200, and agreed to operate landscaping and pension sale business (hereinafter “instant business”) and to invest KRW 410,000,000 among the total business expenses of KRW 820,000,000, and agreed to convert the amount of KRW 250,000,000, out of the amount paid by the Plaintiff to the Defendant for the purpose of the investment, etc. in tree business, etc. up to that time, to the purchase price in forest.

(hereinafter referred to as “instant trade agreement”). (b)

On November 7, 2012, the Defendant deposited KRW 50 million in the name of the Plaintiff, KRW 50 million in the name of the purchase cost of the said project, KRW 50 million in the name of the said project survey and authorization cost on December 4, 2012, KRW 50 million in the name of the said project civil construction cost on January 15, 2013, and KRW 150 million in the name of the said project civil construction cost on January 15, 2013, from that time, the Defendant was transferred to the agricultural bank account in the name of the Defendant’s child, and used it for personal purposes, such as the trees, employee benefits, and debt repayment, etc. of E-stock company operated by the Defendant from February 21, 2013.

C. On December 20, 2012, the Plaintiff, the Defendant, and D entered into an investment repayment agreement (hereinafter “instant repayment agreement”) with the following terms and conditions. Of the terms and conditions of the said repayment agreement, “F land and standing timber in Chungcheongnam-gu” means 1/2 shares owned and standing timber owned by D among the 62,479 square meters of F Forest land in Yan-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (hereinafter “F land”), and (2) “YY in Jung-do, Gangwon-do” means the 14,559 square meters of forests and fields H14,559 square meters (hereinafter “F land”) in Gangwon-do.

The sum total of the sales proceeds of pine trees ( approximately KRW 100 million) shall be 50 million until June 30, 2013 at the time of investment 400 million, and the second written investment agreement shall be re-established.

= Special agreement = Transfer real estate under (1) and (2) owned by D in the event that the said agreement is not fulfilled to the Plaintiff.

-1) The following-(1) the land and standing timber (2) the Gangwon-do Stick-gun G

1. The plaintiff raises objection from D.

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