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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. 1) A Co., Ltd. (hereinafter “B”)
(2) The Plaintiff is a company that engages in soil construction business, real estate sale and lease business, etc., and C is a director of B from March 8, 2012, and E is an in-house director and a representative director from March 8, 2012 as C’s children. (2) The Plaintiff entered into a fund investment contract with B around December 26, 2014, and the Defendant entered into a fund investment contract with L Company (hereinafter “L”) on July 30, 2015.
B. 1) The FF fishing village fraternity on December 27, 2004 entered into the instant investment contract shall be governed by the Public Waters Management and Reclamation Act by the Commissioner of the Busan Regional Maritime Affairs and Fisheries Office (hereinafter “Public Waters Act”).
Pursuant to the foregoing, the reclamation work of public waters (hereinafter “instant reclamation work”) to create a H complex on G 45,563 square meters in the G branch line in the Jindo-si, Changwon-si (hereinafter “instant reclamation work”).
(i) a licence to execute (license number I, hereinafter referred to as “instant reclamation license”);
(2) Around April 9, 2013, FF fishing village fraternity acquired the instant license to J Co., Ltd. (hereinafter “J”). Around May 29, 2014, J transferred the instant license to K Co., Ltd. (hereinafter “K”), and K again transferred the said business license to L around October 30, 2014, and L again transferred the said business license to B around December 20, 2014.
3) Since then B, a project to create a H complex on the ground of the reclaimed land to be created as the instant reclamation work (hereinafter “instant project”).
In relation to the invitation of investors. B around December 26, 2014, between the Plaintiff and B, the Plaintiff provided funds for the instant project and that the Plaintiff would be repaid from B to land after completion of the instant project (hereinafter referred to as “the instant financial investment contract”).