(영문) 대전지방법원 2016.11.23 2016가단2045

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(영문) 대전지방법원 2016.11.23 2016가단2045

투자금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around August 2009, the Plaintiff introduced the Defendant from Nonparty C, and concluded an agreement with the Defendant to distribute profits at the rate of 7:3 in the event that a subsequent sale or the receipt of compensation for confinement occurs after purchasing the “second-class D above ground D (hereinafter “instant housing”) under the name of the Plaintiff between the Defendant and the Defendant, the Plaintiff entered into an agreement with the Plaintiff to distribute profits at the rate of 7:3.

B. On August 13, 2009, the Plaintiff remitted KRW 50,000 to the Defendant for the payment of the down payment for the purchase of the instant house, the former owner’s director’s expenses, and the repair cost.

C. On August 14, 2009, the Plaintiff concluded a sales contract with Nonparty E to purchase the instant housing in KRW 280,000,000.

The defendant on August 14, 2009

8. On 15.15. The Plaintiff returned KRW 20,000,000, out of the money stated in the instant B, to the Plaintiff.

E. On September 8, 2009, the Plaintiff received a loan of KRW 210,000,000 from the dry field Saemaul Community Depository, which was secured by the instant house (hereinafter “instant loan”) and paid any balance, and completed the registration of ownership transfer on the same day.

F. On December 30, 2009, the Plaintiff leased part of the instant house to Nonparty C, and received KRW 50,000,000 from C on December 30, 2009, and paid the interest on the instant loan, and transferred the said KRW 50,00,000 to the Defendant four times from December 31, 209 to January 6, 2010.

G. On April 16, 2013, the Plaintiff sold the instant housing in KRW 280,000 to Nonparty F and G.

H. The interest on the instant loan accrued until the purchase and sale of the instant house is KRW 61,278,220.

I. Since then, the Plaintiff returned KRW 50,000,000 to C with his own money.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 4-2 and 5, each entry of evidence Nos. 1 through 3, and the purport of the whole pleadings

2. The Plaintiff’s cause of claim and judgment are the instant case.

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