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(영문) 서울고등법원 2017.07.07 2016나8734
투자금 반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Incorporated Foundation C (hereinafter “C”) owned a forest land of 109,114 square meters (hereinafter “the instant real estate”) outside D, Kimpo-si, Kimpo-si, and 26 lots of land (hereinafter “E”). In Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, a joint cemetery located in the instant real estate was transferred to E, and then the executor was selected to implement a new apartment construction project on the instant real estate ground (hereinafter “instant project”).

B. C was unable to obtain permission to relocate the common cemetery to the land E, on the contrary of neighboring residents. After exchanging the land owned by C and the land of 110,000 square meters of forest land, such as Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “F land”) in Kimpo-si, Kimpo-si, the Kimpo-si proposed that C would create a park cemetery on the land F and create a park and an arboretum on the land E to proceed with the consultation.

C. On April 4, 2008, the Defendant: (a) indicated that he is an agent of the C representative Director G, sold the instant real estate at KRW 60 billion with H (the representative K; hereinafter “H”); (b) concluded that the instant real estate is sold at KRW 1.5 billion on the same day; (c) the down payment and intermediate payment at KRW 28.5 billion on the same day; (d) on May 4, 2008, the down payment and intermediate payment at KRW 28.5 billion (payment within 30 days from the financial institution’s loan); and (e) agreed to receive the remainder of KRW 30 billion within one month after approval of the collective housing business

In addition, if another company seeking to run the instant business pays the funds earlier than H, H returned the agreed amount within 15 days instead of abandoning the business without any condition, and H first agreed to substitute the agreed amount as the preferred contractor where H pays the funds first.

On the other hand, on April 4, 2008, the Defendant drafted an agreement containing the following contents between I and J (hereinafter “instant agreement”).

Agreement A: State H:

1. Since the agreement relationship was in progress on April 4, 2008, it shall be as set out above.

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