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(영문) 창원지방법원마산지원 2015.09.18 2014가합2464
투자금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The Defendant, C, and D purchased a forest E, 17,717 square meters, F forest land, 65 square meters, G 449 square meters, and H forest land 512 square meters (hereinafter “each of the instant lands”), and agreed to sell and distribute the proceeds therefrom as land for a factory, and sell them.

B. On May 15, 2012, the Defendant concluded a sales contract with I and each of the instant land by setting the sales price as KRW 680 million.

The buyer of the sales contract prepared at the time stated the “Defendant and one other”.

C. On February 28, 2013, the Plaintiff remitted KRW 150 million to the account in the name of I, and KRW 50 million to the account in the name of C on April 1, 2013, respectively.

On May 8, 2013, the Defendant completed the registration of ownership transfer in its name with respect to each of the instant land.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 5, 6, and 8, Eul's witness's partial testimony, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s primary claim 1) The Defendant proposed to make an investment to the Plaintiff as the purchase price was insufficient. Accordingly, the Plaintiff entered into an investment agreement with the Defendant to return KRW 300 million by adding KRW 150 million to KRW 200 million within two months. On February 28, 2013, the Plaintiff paid KRW 150 million to I designated by the Defendant and C through the Defendant and C in total, and KRW 50 million to the certified judicial scrivener designated by the Defendant through the Defendant and C. Accordingly, the Defendant is liable to pay damages for delay from May 28, 2013 to the date of complete the registration of ownership transfer, even if there was no investment agreement between the Plaintiff and the Defendant, the Defendant paid KRW 200 million to the Plaintiff without any legal cause.

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