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(영문) 수원지방법원안산지원 2015.02.12 2014가합21349
투자금 등 반환
Text

1. The Defendant (Appointed Party) and the Appointed C shall jointly and severally serve as the Plaintiff KRW 140,000,000, and as from June 25, 2014.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into the instant primary contract with the designated parties C on February 2003, 2003, and the name of the designated parties C, Pyeongtaek-si D 990 square meters (hereinafter “instant land”).

B) The Plaintiff purchased KRW 2.15 million, and invested KRW 83 square meters (=90 square meters x 8.37/100) equivalent to KRW 8.37/100 of that amount, among which the Plaintiff agreed to sell the instant land within six months from the date of acquisition, and to distribute profits and expenses incurred in the process of purchase and resale in proportion to shares (hereinafter “the instant primary contract”).

(2) On February 28, 2003, the Plaintiff delivered KRW 180 million to the Selection Party C. The Plaintiff and the Selection Party C drafted the instant primary contract on June 17, 2003. The Selection Party C purchased 1/2 shares out of the instant land from E and F on June 19, 2003 (hereinafter “instant land shares”) and completed the registration of ownership transfer in the name of the Selection Party C on the same day.

3) On July 1, 2012, the Defendant, a deception of the designated party C, substantially managed investment, such as purchase and resale of the instant land shares, and did not resell the instant land. As such, on July 1, 2012, the Plaintiff issued to the Plaintiff the instant first contract stating that “A and the Defendant are jointly liable for the entire responsibility for the instant investment.” (B) The Plaintiff entered into the instant second contract with the Defendant on November 5, 2013, agreed upon the instant first contract with the Defendant, and (i) the Plaintiff agreed upon the instant first contract with the Defendant on November 5, 2013, but distributed to the Plaintiff the remaining amount after the Defendant deducted the priority mortgage at the time of sale and auction of the instant land, according to the Plaintiff’s share ratio, and (ii) the Defendant distributed to the Plaintiff the Plaintiff a share

After cancelling a mortgage, the ownership of a certain share in the land of Dongcheon-gu shall be transferred, and (3) subsequent dividends after selling the G land or selling the G land at auction shall be less than 180 million won of the purchase price invested by the Plaintiff, and Dongcheon-ri.

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