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Reasons
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(영문) 서울중앙지방법원 2014.01.24 2013가합12902
부당이득금반환
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. From December 2010 to June 2012, the Plaintiffs paid each money to AW Co., Ltd. (AX Co., Ltd. to the present trade name on October 31, 2011; hereinafter “AW”) as shown in attached Table 2.

B. On April 28, 2011, W and the Defendant entered into an investment contract with the Defendant to build an urban residential housing (hereinafter “instant housing”) by investing cash. The main contents are as follows.

Article 1 Loan Obligations A (referring to AW) shall invest in cash 5.2 billion won from April 28, 201 to December 25, 2012 to B (referring to the defendant).

Article 2 Obligations of Section B

1. Eul shall distribute profits to Eul's urban residential housing ( Pyeongtaek-si, AY, Z, and BA) upon completion of its investment obligation under Article 1;

2. The distribution of profits is Gap 70%, Eul 30%, and the profits here means the amount excluding the total investment cost.

3. The return of investment funds shall be substituted by urban residential housing under Article 2 (1) instead of the cash return.

Article VIISpecial Agreement Provisions

1. If Party A fails to perform its investment obligation under Article 1, Party A shall waive all the investments made to Party B and shall not exercise any right to an urban-type residential housing under Article 2.

In addition, there is no legal responsibility for investment funds.

2. If B does not comply with Article 2, B may not exercise any right in respect of an urban residential housing under Article 2.

C. AW and the defendant 2011

5. 31. The amendment of Articles 1, 2, and 7 of the above Investment Contract was made as follows:

(hereinafter referred to as the “final modified Investment Contract”). Article 1

1. A shall invest 1.5 billion won as down payment of KRW 5.2 billion in total, up to July 29, 201, to B.

2.A shall invest to B an amount, excluding the down payment, as follows:

1) Primary investment: 300 million won (2 October 30, 201): 300 million won (300 million won) for third investment: 300 million won (30 million won ( October 31, 201): 40 million won ( October 30, 201).

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