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(영문) 의정부지방법원고양지원 2015.06.11 2014가합949
투자금반환
Text

1. The Defendant’s KRW 1 billion and the Plaintiff’s annual amount from November 3, 2010 to October 16, 2014, as follows.

Reasons

1. Facts of recognition;

A. The Plaintiff, the Defendant, and C purchased the instant land from the F on December 4, 2006 to KRW 1.366 million (the contract amount of KRW 130 million, the intermediate payment of KRW 50 million, the remainder of KRW 700 million, the remainder of KRW 300 million, the land category of which was divided into E on August 7, 2008; hereinafter “instant land”).

With respect to the purchase price, the Plaintiff, on December 4, 2006, demanded that the Defendant pay the down payment of KRW 130 million on the date of the contract, KRW 260 million in the intermediate payment on January 9, 2007, KRW 200 million in the remainder on February 20, 2007, KRW 290 million in the remainder on May 31, 2007, and KRW 200 million in the remainder on May 31, 2007, respectively, to the Defendant Y.

B. In order to obtain a gas station building permit, the Plaintiff and the Defendant stated that “A witness C was promoted since he/she has the qualification to obtain a gas station building permit to the Defendant who resided in the green belt area for at least five years.”

The registration of ownership transfer of the instant land was completed on August 21, 2007 and December 21, 2007 under the name of the defendant.

However, unlike the scheduled land, the Plaintiff and the Defendant newly constructed a house on the ground of part of the instant land (D large 330 square meters after division) and completed the registration of ownership preservation in the Defendant’s name on July 15, 2008.

The Plaintiff paid 130,915,400 won to the Defendant at its construction cost from February 4, 2008 to June 30, 2009.

C. Meanwhile, the Plaintiff lent KRW 40 million to the Defendant on November 24, 2006, and paid KRW 100 million on October 8, 2009 as expenses for the establishment of a corporation.

During that period, the Plaintiff demanded the Defendant to return the loan money, and the Defendant, on November 3, 2010, stated that “I, on November 3, 2010, borrow the loan of KRW 1 billion” (hereinafter referred to as “the loan certificate of this case”).

1. The plaintiff was drawn up and ordered to work for the plaintiff.

E. The Plaintiff demanded a security against the money to be received to the Defendant.

The defendant on November 2, 201, the defendant was Goyang-gu G.

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