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1. Defendant B’s KRW 250,000,000 as well as 5% per annum from February 5, 2016 to October 26, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On June 28, 2006, the Plaintiff entered into an investment contract and paid an investment amounting to KRW 250 million with Defendant B, the Plaintiff would be entitled to the remainder after subtracting 30% from the profits accrued from the resale of KRW 24,554 square meters of D forest land in Ulsan-gun, Ulsan-do (hereinafter “instant real estate”). On the same day, the Plaintiff paid KRW 250 million of the investment amount to Defendant B.
B. On June 28, 2006, Defendant B entered into a sales contract with E on real estate, and completed the registration of ownership transfer in the future of Defendant C’s wife F on December 28, 2006. On November 1, 2010, the registration of ownership transfer was completed for Defendant C’s gift while Defendant C and F divorced.
C. On November 1, 2010, Defendant C completed the registration of the establishment of a neighboring mortgage on real estate and the provisional registration of the right to claim ownership transfer. On April 5, 2011, Defendant C completed the registration of the right to claim ownership transfer on September 9, 201, where the mortgagee was a Ulsan Livestock Cooperative, the debtor was G, the debtor was G, and the maximum debt amount was 26 million won.
【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3, the purport of whole pleadings
2. The Plaintiff’s assertion entered into an investment contract with the Defendants to receive the remainder remaining after deducting 30% of the profits derived from resale of real estate when investing KRW 250 million with the Defendants. On the same day, the Plaintiff paid KRW 250 million to the Defendants.
The Defendants decided to resell real estate constitutes an indefinite term. The Defendants did not resell real estate for about 10 years, and rather completed the registration of the establishment registration and the right to claim transfer of ownership on real estate without the Plaintiff’s consent.
Therefore, the Plaintiff.