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(영문) 제주지방법원 2017.11.10 2017가단51602
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion as to the cause of claim

A. Basic facts 1) D is not a 4,330 square meters prior to E in Jeju (hereinafter “instant project site”).

(2) The construction project of multi-family housing (hereinafter referred to as the “construction project of the instant multi-family housing”).

2) Around March 15, 2015, F made an agreement to receive KRW 350 million, including profits, after the completion of the project with D and F made a payment of the purchase price of the instant site by obtaining a loan from a bank as security by obtaining the consent of the prop. 2) D and F made an agreement to invest KRW 200 million in the construction project to D on March 15, 2015.

Props, on May 12, 2015, set up a mortgage with the instant project site of KRW 600 million to the National Federation of Fisheries Cooperatives, and had F obtain a loan of KRW 500 million, thereby having received the payment of the purchase price in the said money.

On the other hand, with the consent of D on the same day, the provisional registration of the right to claim ownership transfer registration was completed to F on the instant project site.

3) On May 22, 2015, D established the Plaintiff on May 22, 2015, appointed G as an in-house director, who is F and one’s own wife, and started to implement multi-family housing construction projects in full scale. However, F was the Defendant (H on behalf of the Defendant) on June 23, 2016.

(4) Around July 2016, 2016, D had the Plaintiff pay KRW 320 million (if the amount of down payment received from the Defendant exceeds KRW 30 million, KRW 350 million initially paid) to the Plaintiff, and agreed to compensate the Defendant for additional KRW 100 million, in addition to returning down payment KRW 30 million to the Defendant.

5 The Plaintiff on August 31, 2016 to the Defendant.

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