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1. Defendant B’s 844,000,000 won and 50,000,000 won out of the above money to the Plaintiff, from May 27, 2006 to 350,000 won.
Reasons
1. Recognition of basic facts;
A. Defendant B’s deception 1 against Defendant B and Nonparty D’s deception 1) Defendant B on December 8, 2005, Nonparty E (Defendant B’s external third village)
B) From this day, E purchased 85,00,000 won from Nonparty F on the same day, and 20,319 square meters and 13 lots (the aggregate of the 14 lots of land, collectively referred to as “instant H land”).
(2) Around May 27, 2006, Defendant B proposed a project with the purport of jointly purchasing the instant H land by investing funds with the Plaintiff and Nonparty D, and selling it again. However, Defendant B actually did not spend funds for the purchase of the said land, and solely acquired the said land in its name only with the funds invested by the Plaintiff and D, and had the intent to use the remaining money excluding the money to be paid to F or E, the owner of the said land, the first contractor, from among the purchase funds received from the Plaintiff and D, for its own personal use. In addition, Defendant B did not have any intent or ability to pay the said profits to the Plaintiff and D.
3) Defendant B received KRW 350,00,000 on June 6, 2006 through D, and KRW 100,000,00 on September 15, 2006 from the Plaintiff, respectively, and received KRW 494,00,000 on a total amount of KRW 40,000 on May 23, 2007, and received KRW 494,00,000 on a deposit basis; Defendant B received KRW 50,00,000 on May 27, 2006; and Defendant B received KRW 8,00,000 on July 14, 206 from D on a total of KRW 160,00,000 on September 16, 200; and Defendant B received KRW 30,000 on a deposit basis with the Plaintiff and Defendant D on September 3, 205, 2005, respectively.