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(영문) 서울중앙지방법원 2015.03.19 2013가합21500
대위변제금 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant had liveded from around 1999 to around 2007 when they were in an internal relationship from around 1998, and came to take account of around November 201.

B. On April 7, 2003, the Defendant purchased KRW 210,000,000 from D forest land of KRW 4711 square meters (hereinafter “C forest”) in Pyeongtaek-gun, Gyeonggi-do. On April 7, 2003, the Defendant completed the registration of ownership transfer with respect to C forest land on April 8, 2003.

C. On March 14, 2008, the Plaintiff received a decision to prohibit the provisional disposal of real estate by claiming the registration of creation of a mortgage on each real estate listed in the separate sheet in the name of C forest and Defendant (hereinafter “E land”) as the right to be preserved. On March 17, 2008, the provisional disposal registration of E land was revoked on August 11, 2009 on the ground that the provisional disposal registration of E land was revoked on July 28, 2009, and the provisional disposal registration of C forest and land was revoked on December 5, 2011 on the ground that the provisional disposal registration of E was revoked on December 5, 2011.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 12-2, Gap evidence 16-1 through 5, Gap evidence 17, Gap evidence 18-1 through 4, the purport of the whole pleadings

2. Determination as to the claim based on the investment agreement regarding C Forest and E land

A. The Plaintiff’s assertion 1) The Plaintiff and the Defendant purchased real estate with their mutual funds, developed and sold them, and entered into a joint investment agreement to distribute 1/2 of the profits remaining after recovering their respective investment costs. From May 31, 2002 to June 2, 2004, the Plaintiff purchased the land under the Defendant’s name and the forest land C on April 7, 2003. 2) As to the land E, the Plaintiff invested KRW 424,510,980 from March 30, 202 to August 31, 2006, and the Defendant invested KRW 100 million until March 26, 2008.

Afterward, the defendant sold E land and its ground buildings in KRW 900 million on July 23, 2009. According to the above joint investment agreement, the defendant sold the land and its ground buildings in KRW 424,510,980, and the profit 110,244,510 (=220,489,020) to the plaintiff.

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