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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 2009, the Plaintiff and the Defendant agreed to jointly promote the electric source housing business by purchasing forests and fields by bearing half of each party’s purchase price.
B. The Plaintiff transferred to the Defendant’s account KRW 150 million on May 29, 2009, ② KRW 80 million on June 10, 2009, ③ KRW 20 million on July 8, 2009, ④ KRW 50 million on May 3, 2013, and separately transferred KRW 150 million on March 11, 2009 to C’s account.
C. On June 2, 2009, the Defendant established the Real Estate Development Business Co., Ltd. Co., Ltd. (the present representative director D) by making the Plaintiff the representative director and the Defendant’s wife D as a director. On June 2, 2009, the Defendant: (a) around June 2, 2009, purchased the F Forest No. 26,579 square meters and G Forest No. 3,174 square meters; (b) on July 2, 2009, H Forest No. 3 single 6 square meters in Daegu-gun, Daegu-gun, H Forest No. 1,374 square meters, and completed the registration
C. On July 18, 2013, the Plaintiff transferred all the ownership of the said four parcels of forest land as well as 2,250 shares of the Plaintiff, and received KRW 22,250,000 from J. At the time the Plaintiff entered into and issued to J (Evidence No. 5).
I confirm that I will transfer the ownership of the forest above to J as KRW 200 million in respect of the F, G, I, and H LAE of the Seoul Metropolitan City Implementing Daegu Metropolitan City, and that there is no objection.
The total number of shares issued by transfer and takeover of shares: 5,00 shares, 10,00 won for shares: 2,250 shares for shares transferred: 2,250 shares: 2,250,00 won for shares transferred to the transferee on the date of ownership or prohibition, and thus, each person shall sign and affix his/her seal thereon.
(number of check number)K
D. Thereafter, among the above four parcels, the above F and G 2 parcels were sold on July 21, 2013, and the ownership transfer registration was exceeded on August 13, 2013. The above H and I 2 parcels still remain in the name of the dispute resolution committee.
[Ground of recognition] Facts without dispute, Gap evidence 1 and 3 evidence 1 to 4, evidence 2-1, 2 and 5, Eul evidence 5 and the purport of whole pleadings
2. The summary of both claims;