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(영문) 수원지방법원안산지원 2015.02.12 2014가합23918
투자금 등 반환
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 80,000,000 and the interest rate therefor from October 18, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On June 17, 2003, the Plaintiff entered into the first contract of this case. The Defendants (Defendant C is the Defendant’s fraud)

B) Between the Defendants and Pyeongtaek-si D 990 square meters (hereinafter “instant land”).

A) B purchased KRW 2.15 million; however, the Plaintiff invested KRW 46 square meters equivalent to 4.65/100 of that amount (=90 square meters x 4.65/100), and, barring any special circumstance, sold the instant land within one year from the date of acquisition, and agreed to distribute profits and expenses incurred in the process of purchase and resale in proportion to the share (hereinafter “the instant primary contract”).

(2) The Plaintiff delivered KRW 100 million to the Defendants around that time. Defendant B 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 under Defendant B’s name on the same day.

B. On November 5, 2013, the Plaintiff entered into the instant secondary contract: (a) agreed with Defendant C on November 5, 2013; (b) the remainder after deducting senior mortgage at the time of the sale and auction of the instant shares; (c) the Plaintiff distributed the Plaintiff according to the Plaintiff’s share ratio; and (d) the Defendant C transferred a certain share of the said land to the Plaintiff after cancelling the mortgage on the land of Pyeongtaek-si G 105025 square meters (hereinafter “G land”); and (c) the amount of dividends after the purchase or auction of the land sold later falls short of KRW 10 million of the purchase price invested by the Plaintiff; and (d) if the Plaintiff was awarded a successful bid by a third party, other than the G land, the Defendant C agreed to pay the Plaintiff the said purchase price of KRW 100 million and profit of KRW 30 million in total (= KRW 130 million in total), KRW 130 million in the auction procedure.

(hereinafter “instant secondary contract”). C.

The third contract of this case and the third additional contract of this case: Title of the land sale contract of this case (including amendments to the agreement (including November 5, 2013) share investors: (A).

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