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(영문) 대구고등법원 2015.12.23 2014나20180
대여금
Text

1. The judgment of the first instance, including the Plaintiff’s claim that was changed in exchange at the trial, shall be modified as follows.

Reasons

1. The following facts are either in dispute between the parties or in accordance with Gap evidence Nos. 8, 18, 27, and Eul evidence No. 11 (including the branch numbers, if not specially indicated; hereinafter the same shall apply), video, and the purport of the whole pleadings, and there is no counter-proof.

The plaintiff is a person who purchased the land located in Jeju and provided part of the purchased land to the development project B upon the recommendation of the defendant B.

B. Defendant B is a person who actually led Q2 development projects, marina projects, etc. promoted in the Jeju-si P (hereinafter “P”).

Defendant C, as the wife of Defendant B, has been operating S in Daegu Water-gu R.

Defendant F is a parent born between Defendant B and Defendant C.

C. On September 10, 2010, the Plaintiff completed the registration of ownership transfer under the name of the Defendant B, based on the sales contract on September 8, 2010, with respect to the real estate listed in attached Forms 34, 35, and 36 owned by the Plaintiff (hereinafter collectively referred to as “P No. 1”).

On November 9, 201, Defendant F entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with Defendant B on the real estate listed in [Attachment Nos. 1 through 12 (hereinafter collectively referred to as “P No. 2”) owned by Defendant B, and completed the provisional registration of each right to claim ownership transfer registration in Defendant F.

2. Requests for return of the purchase price for T land:

B. Determination as to the cause of claim 1) A mandate becomes effective upon one of the parties having entrusted the other party with the management of affairs and the other party having consented thereto (Article 680 of the Civil Act). A delegation contract may be terminated at any time by each of the parties (Article 689 of the Civil Act). A mandatory must deliver money and other things received in the course of the management of delegated affairs and the negligence received therefrom to the mandator. A mandatory must transfer to the mandator the right acquired in his own name on behalf of the mandator (Article 684 of the Civil Act).

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