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Reasons
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(영문) 수원지방법원 2018.11.14 2018나53542
매매대금반환
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1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Facts of recognition;

A. F’s operation of the F’s real estate investment business: (a) around 2017, F purchased real estate by soliciting investors in the name of “O” from N in Sung-si in 2017; and (b) managed the business of selling and distributing profits to investors; (c) I, L, M, and Defendant E (hereinafter “investors”) invested in the said business.

B. The purchase and sale contract between S and Defendant D, which is a landowner, is entered into between the Plaintiff and the Plaintiff (hereinafter “instant land”) and the Plaintiff’s 950m20m2 (hereinafter “instant land”) in the period of 190m2, Te. 205m2 and U.S., which is

(2) On April 13, 2007, S made a sales contract with Defendant D to sell the instant land at KRW 210 million with the purchaser’s “Defendant D et al.” (hereinafter referred to as “Defendant D”) on the basis of the mutual agreement with F to pay the proceeds from the sale, and on May 2, 2007, S agreed to pay the remainder of KRW 170 million on the date of the contract, and the remainder of KRW 170 million on May 2, 2007.

On the day of the above sales contract, 40 million won of down payment was paid to S, and the said money was appropriated by investors M to the G Bank account in Defendant E’s name.

C. On April 2007, the Plaintiff decided to purchase the instant land by introducing F on or around April 2007. On May 2, 2007, the Plaintiff entered into a contract with Defendant D, who is the husband and the agent of Defendant D, holding the power of delegation of S, a seller of the instant land, to purchase the instant land with the purchase price of KRW 490 million (the contract amount shall be KRW 290 million in bills, and the balance shall be paid KRW 290 million in bills). Under the special agreement at the time, the remainder within 30 days after the land transaction permission shall be paid, and (ii) the date of payment of the down payment shall be KRW 100 million, the remainder KRW 100,000,000 shall be KRW 40,000,000 (the contract amount shall be KRW 290,000 in bills).

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