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(영문) 광주지방법원 2018.06.08 2017나57201
소유권말소등기
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that operated the sales business of D apartment located in Jung-Eup, Jung-Eup, and D apartment was in need of additional funds investment in order to promote normal sales since there are many unsold households after completion of construction.

B. On December 24, 2013, the Plaintiff entered into an investment agreement with Defendant B and D apartment sales business, which contains the following major contents (hereinafter “investment agreement”). Under the investment agreement, the Plaintiff was paid KRW 1 billion to Defendant B and G (the Defendant’s relative).

Investment Terms and Conditions (hereafter referred to as the "Agreement")

2. Defendant B and G shall invest one billion won in the Plaintiff and H simultaneously with the conclusion of an agreement.

3. The Plaintiff and H shall reimburse the amount of KRW 1 billion invested by Defendant B and G up to June 20, 2014.

In addition, the return on investment from investment money shall be paid to the defendant B and G by December 20, 2014, the amount of 700 million won, which is 50% of the sales revenue for each household unit by the attached list of the above real estate attached to the attached list.

(The plaintiff and H shall be jointly and severally liable for any civil or criminal liability if they fail to meet the due date for payment)

4. The plaintiff and H shall prepare a sales contract for the above real estate (D apartment 31 square-type 30 households, 25 square-type 10 households) on the attached list at the same time with the investment of the above money, and shall provide the defendant B and G with the preservation bond for the investment principal of KRW 1 billion and KRW 700 million with real estate attached to the preservation bond.

(b) Centrality)

B. In the event that the Plaintiff and H did not repay the investment principal due to the failure to comply with paragraph (3), the Plaintiff and H sold the said real estate to the third party in accordance with the sales contract for the said real estate on the attached list that the Plaintiff and H provided as security to Defendant B and G, and provided all the documents required for the registration of ownership transfer on the said real estate so that the Plaintiff and H may recover the investment principal and the investment profit amount from the said real estate to the said third party, and the Defendant B and G provided the said documents to the third party designated by Defendant B and

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