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Defendant E:
A. Plaintiff A: KRW 97,500,000; KRW 97,500,000 for Plaintiff B; and KRW 40,000 for Plaintiff D; and
Reasons
1. Basic facts
A. Defendant E is a corporation established on April 16, 2015 for the purpose of real estate development business, etc.
From May 2015, Non-Party R purchased land of KRW 496m2 (hereinafter “instant real estate”) in Busan, Seo-gu Q20m2 (hereinafter “instant real estate”) and promoted a project to sell it to a regional housing association.
B. On November 2015, the Plaintiffs purchased the instant real estate from R introduced through Defendant H, a licensed real estate agent, in the middle of November 2015, and paid profits from the resale of the instant real estate to a regional housing association within a short period of time. The Plaintiffs invested KRW 390,500,000 in the aggregate of KRW 97,50,000,000, around November 19, 2015, by means of either remitting the instant real estate seller to Nonparty C, a real estate seller, or remitting it to Defendant E’s account in the name of DefendantO at the time of the transfer.
C. On October 20, 2015, Defendant E purchased the instant real estate from T and completed the registration of ownership transfer under Defendant E on November 19, 2015, and on the same day, Defendant E completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) of the maximum debt amount of KRW 390,000,000 (the sum of KRW 97,50,000,000 for the Plaintiff’s investments) regarding the instant real estate.
On December 15, 2015, the Plaintiffs heard from R to the purport that “I may raise profits from resale by purchasing four parcels of land, such as Seosan-gu U, V, W, and X,” Plaintiff A paid KRW 338,000,000 to Plaintiff B, Plaintiff B’s KRW 200,000,000, and Plaintiff D paid KRW 200,000 to each Defendant’s account in the name of each DefendantO.
E. On January 15, 2016, the registration of cancellation of the establishment registration of a neighboring mortgage (hereinafter “registration of cancellation of the instant case”) was completed on the grounds of termination as the Busan District Court’s receipt of the Busan District Court’s Branch Office No. 1291, Jan. 15, 2016; and thereafter, on the instant real estate, the registration of cancellation of the establishment registration of a neighboring mortgage (hereinafter “registration of cancellation”) was completed on January 15, 201.