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(영문) 서울동부지방법원 2015.08.18 2014가단50532
약속불이행에따른 매매대금반환
Text

1. The Defendant: (a) KRW 30 million to the Plaintiff and the Plaintiff’s annual rate of 5% from October 28, 2014 to August 18, 2015.

Reasons

1. Facts of recognition [based on recognition: Fact that there is no dispute, Gap's evidence 1 through 9, entry of Eul's evidence 1 and 2, C's testimony and the purport of whole pleadings];

A. In around August 2003, the Plaintiff invested KRW 30 million from the Defendant, who is the Plaintiff, and purchased shares of KRW 721/1618 of the co-owner’s shares among KRW 1618m2 of Gangwon-gun D Forest land (hereinafter “the instant forest”) in the name of the Plaintiff and the Defendant, and later, if the instant forest is developed, the Plaintiff would be entitled to a proposal to obtain gains from market price by selling it, and the Defendant would be paid KRW 30 million in total by the division between August 29, 2003 and September 17, 2004.

B. On September 19, 2003, the Defendant purchased 56/4930 shares of co-owners among the instant forest and E 4,930 square meters of forest and E 4,930 square meters of forest and E, in the purchase price of KRW 57,575,00,00. On September 24, 2003, the Defendant completed the registration of transfer of ownership with respect to the instant forest under the Defendant’s sole name. On May 3, 2007, the Defendant completed the registration of transfer of ownership with respect to the instant forest and E 56/4930 square meters of forest and E, which is the part of the instant forest and E 1618 square meters of land, which is jointly owned, under the Defendant’s sole name.

C. On the other hand, the Plaintiff, unlike the promise on April 19, 2005, knew of the fact that the ownership transfer registration of the forest of this case was completed under the name of the Plaintiff and the Defendant, not under the joint name of the Plaintiff and the Defendant, requested the Defendant to return the said investment amount of KRW 30 million. Accordingly, the Defendant requested the Defendant to return the said investment amount of KRW 30 million, and as a collateral for this, the Defendant completed the registration of the right to claim the transfer of the forest of this case on April 19, 2005 under the name of the Plaintiff, the husband of the Plaintiff.

After that, C sold the forest land of this case from the Defendant and returned the above KRW 30 million, upon request from the Defendant, C cancelled the above provisional registration. On February 7, 2007, C cancelled the provisional registration under C’s name on the forest land of this case.

E. The defendant shall return the above KRW 30 million to the plaintiff up to now.

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