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1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.
Reasons
1. Facts of recognition;
A. On September 19, 2016, the Defendant: (a) around 2016, the land of this case was divided into 58,918 square meters in Dongbcheon-si, the ownership of which was 58,918 square meters; and (b) the area was 43,000 square meters in size.
hereinafter referred to as “instant land” before subdivision.
(2) On September 21, 2016, D made an investment contract with D with D. The main contents are as follows. D invests KRW 1.44 billion in the land of this case to the Defendant, who is developing as Emphac and accommodation facilities, and the Defendant divided the maximum debt amount of KRW 43,000 out of the land of this case into the company to be established by D. In order to secure the primary investment deposit of KRW 300,000,000,000 out of the land of this case. The Defendant paid KRW 250,000,000 to the Defendant on September 22, 2016. On September 22, 2016, D paid KRW 450,500,000 to the Defendant with the primary investment deposit of KRW 30,000,000,000 to the instant land of this case. The Defendant completed the registration of the establishment of the mortgage of this case on the instant land of this case.
3) D On October 6, 2016, H Co., Ltd. (hereinafter “H”)
A) Around October 10, 2016, the Defendant entered into a joint agreement with H with terms similar to the said investment agreement, and the main contents thereof are as follows. A pre-existing agreement entered into between the Defendant and D is null and void, and D terminates at the same time as the following transfer of ownership. In order to ensure the convenience of H’s business operation, the entire ownership of the instant land is first transferred to H, but if the land is divided thereafter, the entire ownership of the instant land is owned by H, and the remainder of 15,918 square meters is returned to H and transferred to the Defendant. H. Accordingly, the Defendant completed the registration of ownership transfer of the instant land on November 2, 2016.
5 The instant case where H did not pay the remainder of the investment.