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(영문) 서울남부지방법원 2016.03.18 2014가단243122
투자금반환
Text

1. The Plaintiff:

(a) Defendant B and D are jointly and severally 45,000,000 won and

B. Defendant C is jointly and severally with Defendant B.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B are South Korea, and Defendant C is the children of Defendant B, and Defendant D is the wife of Defendant B.

B. On February 10, 2010, Defendant B entered into a contract to purchase the forest land of 9203 square meters (which is divided into F, G, H forests, etc. hereinafter collectively referred to as “the forest of this case” in the case of all the above land, and if the individual land is specified, it shall be specified as the lot number) of the forest of this case, and Defendant B purchased and sold real estate to Nonparty I, who is the Plaintiff or Nonparty I, by investing KRW 35 million in the same year on March of the same year, and made a proposal to divide profits.

The Plaintiff accepted this and transferred KRW 2 million to the account in the name of the J (Defendant B’s husband and wife) designated by Defendant B for eight times in the same year.

5. up to June, 500,000 won was paid to Defendant B.

C. After adding the amount received from the Plaintiff and I, Defendant C completed the registration of ownership transfer in the name of Defendant C, which is the son on April 1, 2010. The Plaintiff and I issued a provisional attachment on August 4, 2010 with regard to E and F forest land by obtaining a provisional attachment order of KRW 2010Kadan615, 616, which was rendered by Changwon District Court (Seoul District Court), to secure the amount of investment.

As the period of time during which Defendant B could not sell forest land E continues, Defendant B completed the registration of creation of a mortgage over the debtor D, the maximum debt amount of KRW 40 million, and the Plaintiff as a mortgagee, on November 7, 201, with respect to the land purchase under Defendant D’s name, the amount of KRW 13 million was paid to the Plaintiff four times from December 17, 201 to June 14, 2012.

E. Around April 24, 2014, the Busan District Court filed a lawsuit against Defendant C, who is the nominal owner of a forest and land E, to claim the return of investment proceeds. On April 24, 2014, Defendant C’s debt to Defendant C as KRW 45 million, and the payment shall be made in 15 installments, and the adjustment was concluded to the effect that the remainder is exempted if the payment is made in total of KRW 41 million, not to lose the benefit of time.

(f).

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