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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. Determination as to C’s claim for return of investment amount against C’s land
A. The facts of recognition (1) The Plaintiff paid to the Defendant the amount of KRW 45 million with the investment amount of KRW 6126/46250 out of the land of Ulsan-gu, Ulsan-gu. On January 8, 2004, the ownership transfer registration for the above shares was completed under the name of the Plaintiff.
1. The Plaintiff shall purchase C’s land in the purchase price of KRW 150 million, and its name shall be a third party.
2. Of the remainder of the purchase price of KRW 100,000,000, excluding bank loans of KRW 50,000,000, 58,000 shall be substituted by the sale price of the above C’s share, and 42,00,000 shall
3. However, in order to pay the above KRW 42 million, the Defendant set the amount of KRW 30 million to the Plaintiff on July 28, 2004 as interest rate of KRW 1.5% per month and two months after the date of repayment from the date of repayment.
4. The defendant shall refund the plaintiff's investment and interest to the plaintiff by January 8, 2005.
(2) On July 21, 2004, the Plaintiff drafted an agreement angle with the Defendant (hereinafter “instant agreement angle”) to re-investment the purchase price of KRW 58 million,00,000,000, which the Defendant sold the said shares on behalf of the Plaintiff, in the land of Ulsan-gu, Ulsan-gu, Seoul (hereinafter “C”) and received. The main contents are as follows.
(3) On July 26, 2004, the Plaintiff paid the Defendant KRW 27 million out of the remainder of the purchase price of KRW 42 million to the Defendant’s spouse’s deposit account.
(4) On July 27, 2004, the Defendant lent KRW 30 million borrowed from G to the Plaintiff, and transferred the remaining KRW 15 million to the Plaintiff’s deposit account. The Defendant received KRW 15 million from the Plaintiff as part of the remaining purchase price of KRW 42 million.
(A) No. 12 No. 3). (5) As a result, the Plaintiff’s agreed investment amounting to KRW 100 million (= KRW 27 million) was fully paid to the Defendant.
(6) The Plaintiff transfers the sum of KRW 30 million, including KRW 20 million on September 23, 2004 and KRW 30 million on November 15, 2004, to F’s account, and thus, borrowed money to the Defendant.