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(영문) 창원지방법원 2015.04.15 2014가단15012
투자금반환
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest rate thereon from June 6, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants, Kimhae-si D, and 16 parcels, jointly agreed to jointly implement the factory site development project. When Defendant C requested the Plaintiff to pay money for the purchase of surrounding land, the Plaintiff borrowed KRW 100 million from E to the Defendant B’s account.

B. In order to secure the payment of the above claim, the Plaintiff registered the right to claim ownership transfer in the name of E on April 23, 2014 with respect to each real estate listed in the separate sheet owned by the Defendant B, and remitted KRW 100 million to Defendant B via E on April 24, 2014.

C. However, the Defendants did not use the above KRW 100 million as the land purchase fund, and eventually, the above factory site development project did not proceed.

[Recognition of Fact] The fact that there is no dispute, entry B in the evidence Nos. 2 through 4, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to refund to the Plaintiff the amount of KRW 100 million paid as land purchase funds and the amount of damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 6, 2014 to the date of full payment after serving a copy of the complaint of this case with respect

I would like to say.

As to this, the Defendants asserted that Defendant B purchased each of the real estate listed in the separate sheet in the list of the successful bid in the voluntary auction procedure with the Plaintiff at KRW 446 million, and that the Plaintiff’s transfer via E was only a part of the remainder of KRW 175 million remaining after deducting KRW 271 million from the purchase price of the said real estate at KRW 446 million, which was the remainder of KRW 100 million from the purchase price of the said real estate at KRW 476 million, but the Plaintiff and Defendant B did not have a sales contract between the Plaintiff and the Defendant, and it was very exceptional that the seller completed provisional registration before receiving the said money if some of the purchase price was paid. In light of the fact that: (a) the statement in subparagraph 1 alone is a purchase price.

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