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(영문) 서울중앙지방법원 2018.05.17 2016가합517828
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 7, 2007, the Defendant, who participated in the instant investment project, recommended the Plaintiff to invest money in the business of acquiring gains from resale at a price lower than the market price at which 3,397 square meters (hereinafter “real estate (hereinafter “the instant real estate”) was purchased at a price lower than the market price during the auction procedure following the voluntary decision on commencement of auction on November 7, 2007 by the Haman District Court.

In order to invest KRW 480 million in response to the defendant's recommendation, the plaintiff paid KRW 300 million in cash, and the remaining KRW 180 million shall be paid as security before the division of this case, and the plaintiff paid interest thereon.

Accordingly, the plaintiff paid investment and loan interest to the defendant.

B. The Defendant secured the Defendant’s investment funds for the instant investment project, as well as D, E, and the Plaintiff, who was divorced from the wife during the instant lawsuit, is the mother of the Plaintiff’s prior domicile.

The F received investments from F to secure a total of KRW 110 million investment amounting to KRW 30 million.

All of the plaintiffs 300,00,000,000 won for 480,000,000,000 won for 120,000,0000 won for D 120,000,0000 won for E 100,000,0000 won for 150,000,0000 won for E 100,000,0000 won for 300,000,000 won for 300,000,000 won for 300,000,000 won for cash loan. Thereafter, the defendant's birth acquired the shares of KRW 150,000,000 for G invested by G.

Total 1,130,000,000

C. On January 9, 2008, the Defendant entered into a contract with H to purchase the real estate prior to the instant subdivision with the said investment amount of KRW 1 billion. Accordingly, on January 15, 2008, the Defendant completed the registration of ownership transfer in the name F, the wife of the said real estate.

In the process of purchasing the above real estate, KRW 1 billion was disbursed as the purchase price, and the name lending fee for I with the qualification certificate for acquisition of farmland was paid.

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